Dabur sues school over tree trademark

Dabur India Ltd has sued a Delhi school for allegedly infringing the company's registered trademark "� the banyan tree. The company has been using the tree as its logo for the last 100 years.

Two years ago the company had re-designed the logo to identify itself as an "evolving, contemporary, vibrant and active brand symbolising growth".

In a petition before the Delhi High Court, Dabur has claimed that Mother's Pride, a chain of pre-nursery schools in the city, has copied the company's logo which is likely to create a confusion about trade connection between the company and school.

Although the school, through an oral submission, defended the use of the banyan tree, it has not been able to convince Justice Pradeep Nandrajog, who is hearing the case.

Replying to a notice issued by Justice Nandrajog, the school denied the allegations. Its counsel said they had used the "biblical tree as the school's logo" and had not copied the registered trademark of Dabur.

However, when the Mother's Pride advocate showed the picture of the biblical tree to the judge, the latter did not find it similar to the school's logo.

The judge has now given time to the school to file its reply, in the form of an affidavit, to the court about the source of the logo. It has fixed January 2 as the next date of hearing.

Dabur's advocate Hemant Singh said the company was not against the school's decision to use the tree as the logo but it cannot be a copy of the banyan tree used by the company which has been manufacturing family oriented products.

According to Singh, the banyan tree had been a conventional trademark. In fact, when the company decided to have a new logo, its branding agency advised to retain the tree, albeit with certain changes, to depict family strength.

"A lot of resources and thought has gone into re-designing this logo. The essence of the tree was retained as the corporate Dabur logo symbolises nature and is indelibly regarded as a provider of food, protection and shelter,'' Singh said.

The purpose was to represent a healthy active family where nature is present in its natural form. The said "family device'' was used as the stem and branches of the tree.

Thereafter, independent and distinct leaves were drawn pointing upwards and placed around the branches of the tree emphasising progress.

Orange colour was selected since it epitomises warmth and energy and is considered mentally stimulating and conjures up images of good health.