The Bombay High Court, in a case related to a trademark suit filed by consumer goods firm Dabur India Ltd against exporter Bajaj Herbals, has ordered for the arrest of the latter’s promoter for disobeying a previous judgment in the same case.

Passing a final judgment in favour of Dabur on the two-year-old case, Justice S.J. Kathawala ordered the detention of Dwarkaprasad Gopiram Bajaj, promoter of the Ahmedabad-based hair oil and toothpaste manufacturer and exporter, for two months in civil prison under provisions of Rule 2-A of the Code of Civil Procedure, 1908.

According to the Rule 2-A, disobedience of any injunction granted or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months.

When contacted, Dabur spokesperson declined to comment on the same saying that they are yet to receive the court order.

Officials at Bajaj Herbals were also unavailable for a comment.

Brand Meswak

Dabur, which owns brands such Hajmola and Vatika, in 2011, filed a case against Bajaj Herbals for using its toothpaste brand Miswak in Morocco and West Asia.

While, Dabur uses the brand ‘Meswak’ for the Indian market, it manufactures and sells the toothpaste as ‘Miswak’ in West Asia and Morocco.

Dabur had got the brand Meswak with the acquisition of Balsara Group in 2005.

However, despite Dabur obtaining an injunction against Bajaj Herbals from the High Court, the latter continued to use the brand name ‘Miswak’.

Post this, Dabur had taken out an application for the contempt of court order. Priyanka.pani@thehindu.co.in

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