Bombay HC restrains Ajanta from using IDA's `Seal of Acceptance'

Ajanta (India) Ltd has been barred by the Bombay High Court from using the Indian Dental Association's "Seal of Acceptance" on its toothpastes.

Mr Justice S.C. Dharmadhikari of the Bombay High Court has passed a restraint order against Ajanta (India) from using in any manner the Indian Dental Association's "Seal of Acceptance" or its logo in its advertising, publicity or packaging materials for any of its toothpastes, including Ajanta Dento White toothpaste, so as not to infringe IDA's copyright and to prevent passing off.

The order follows a suit filed by the Indian Dental Association ("IDA") before the High Court, objecting to the use of the IDA Seal of Acceptance by the company for its toothpastes. At the time of IDA's application, the company consented to the order being passed.

The IDA is a professional association of dentists dedicated to serving the public and the profession of dentistry. The IDA grants its Seal of Acceptance after an extensive evaluation of the product concerned in accordance with IDA's rigorous protocol, after satisfying itself among other things, about the veracity of the claims made for the product.

IDA claimed in its suit that Ajanta (India) was misleading the general public and dental practitioners into believing that the IDA has approved the product claims made by it regarding its toothpastes. In fact, the IDA Central Council had neither granted its Seal nor approved the company's product claims.

In its suit, the IDA also claimed that Ajanta (India), a company based in Morvi, Gujarat, had wrongly tried to obtain an approval from Shimoga branch in Karnataka and that local branches had no authority to grant any such approval.

The High Court also appointed a Commissioner to take an inventory of toothpaste stocks and tubes packed and ready for sale with the company and passed the above restraint order pending the report of the Commissioner, clarifying that the restraint would not affect goods already packed, not sold and lying with them.

IDA has also agreed to consider the company's application within six months of all its requisitions being complied with.

According to IDA, they learnt of the company's unauthorised use of the Seal of Acceptance, when advertisements showing the Seal, appeared on certain television channels. These advertisements were taken off the air by the channels on IDA's complaint.

Likewise, the Advertising Standards Council of India also upheld IDA's complaint and called upon the company to modify the advertisement.

Mr Aspi F. Chinoi and Mr. Fredun Divitri, Senior Counsels with Mr L. Pereira instructed by M/s Federal & Rashmikant, represented the IDA.