ABHAY AHUJA, G.S.PATEL
USV Private Limited – Appellant
Versus
Hindustan Unilever Ltd. – Respondent
JUDGMENT :
G.S. Patel, J.
1. There are two Appeals. This common order will dispose of both. Both appeals arise from a common order and judgment dated 16th June 2022 (AK Menon, J). In Commercial IP Suit (L) No.805 of 2021, Hindustan Unilever Limited (“HUL”) is the Plaintiff. In Commercial IP Suit (L) No.1087 of 2022, Wipro Enterprises Private Limited (“Wipro”) is the Plaintiff. The Defendant is common, USV Private Limited (“USVPL”).
2. HUL and Wipro both complained that USVPL launched an advertising campaign promoting and publicising its product under the brand SEBAMED. They claimed that the advertising campaign run by USVPL constituted unlawful disparagement and denigration of HUL and Wipro products, in which the Plaintiffs had valuable intellectual property rights. To be perfectly clear at the beginning, HUL sought protection for four of its products under the brand names, LUX, DOVE, PEARS and RIN. Clearly RIN is not of a class with the other three because it is a detergent. For its part Wipro sought protection for its product SANTOOR.
3. Mr Dhond, learned Senior Advocate for USVPL in appeal, submits that in his 74-page judgment the learned Single Judge was materially in error on seve
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