SC stops Dabur from using Glucose-D design

FMCG firm Dabur India has been restrained by the Supreme Court from using the package design for its popular health drink Glucose-D as it was similar to Glucon-D owned by rival company Heinz Italia.

The packaging of Glucose-D when compared with that of Glucon-D was so similar it could easily confuse a buyer, a bench of Justice B P Singh and Justice H S Bedi said while passing an interim injunction against Dabur India.

The apex court passed the injunction on an appeal filed by Heinz Italia challenging the orders of the Punjab and Haryana High Court and a civil court, both of which declined to pass any injunction against the company.

When contacted, a Dabur official said the company had discontinued the packaging in 2003.

Senior counsel Abhishek Manu Singhvi, appearing for Heinz, had argued that Glaxo started using Glucon-D in 1940 and passed it on to Heinz in 1994 along with the artistic rights used on the packaging.

He alleged that Dabur had launched its own glucose drink in 1989 under the brand name Glucose-D, which was similarly packaged to "confuse" the consumer and capitalise on the "enviable reputation" enjoyed by Glucon-D.

Dabur, however, argued glucose was a generic expression of the product being sold and Heinz could not claim any monopoly.