2022 Supreme(Cal) 55
SHEKHAR B. SARAF
Dabur India Limited – Appellant
Versus
Shree Baidyanath Ayurved Bhawan Pvt. Ltd. – Respondent
Advocates:
Advocate Appeared:
For the Appellant :Mr. Sudipta Sarkar, Senior Advocate Mr. Jawahar Lal, Advocate Mr. Debnath Ghosh, Advocate Mr. Anuj Garg, Advocate Mr. Sudhakar Prasad, Advocate Mr. Pradipta Bose, Advocate.
For the Respondent:Mr. Manish Biala, Advocate Ms. Amrita Panja Moulick, Advocate Mr. Ashutosh Upadhaya, Advocate Mr. Devesh Ratan, Advocate.
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JUDGMENT
Shekhar B. Saraf, J.
Facts:
1. The plaintiff/petitioner has filed the present suit against an advertising campaign containing five impugned advertisements issued by the defendant/respondent one after the other during October and November 2021 in relation to its product "Baidhyanath Chyawanprash Special". Details of the impugned advertisements are as follows:
(a) Impugned Advertisement No. 1 (hereinafter referred to as "Annexure I") was released by the defendant on its official website (https://www.baidyanath.com/chyawanprash-special.html) and was also available for viewer ship on the websites of various e-commerce platforms like Amazon, Flipkart and others. The same has been removed by the defendant/respondent on November 25, 2021 based on an order passed by this court on the same date. In this advertisement the defendant/respondent had published a comparative chart describing the qualities of its product with other rival products in the market. The respondent had claimed that its Chyawanprash has 52 herbs' whereas its rivals have only 42 ingredients'. Thereafter, the advertisement mentions that respondent's product is made from 100% pure ghee' whereas its rivals have a 'mixtu
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