Court differs with view that all publicity is good

PT Barnum, an American showman, is believed to have said “there’s no such thing as bad publicity”. In the past few years, this seems to have become a mantra for businesses. While most advertisements reflect the desire to outshine rival products, there has been a recent trend of crossing the invisible line between puffery and disparagement.

A clash recently arose between two giants in the fast-moving consumer goods sector. A suit filed by Hamdard Group against Divya Pharmacy seized the attention of the public and media, alike.

Hamdard, a manufacturer and seller of unani and ayurvedic products for more than 100 years, produces sweet almond oil under the brand Roghan Badam Shirin. In addition to having numerous trademark registrations, Hamdard claims that Roghan Badam Shirin bottles and boxes bear a unique trade dress, which due to long-standing use since 1998, has garnered widespread goodwill and reputation.

Raashi Jain is an associate at LexOrbis.