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RAVI KRISHAN KAPUR
Marico Limited – Appellant
Versus
Dabur India Limited – Respondent
JUDGMENT :
Ravi Krishan Kapur, J.:
1. This is an action for disparagement and infringement.
2. The petitioner is a reputed manufacturer and distributor of Fast Moving Consumer Goods (FMCG). The suit pertains to a hair product manufactured by the petitioner namely Nihar Naturals Shanti Badam Amla Hair Oil. The respondent is also a well known manufacturer of FMCG products. The respondent also manufactures hair oil under the mark of Dabur. The respondent manufactures two variants of AMLA HAIR OIL namely Dabur Amla Hair Oil and New Dabur Amla Hair Oil. Both parties are competitors and trade rivals in the FMCG market.
3. The grievance of the petitioner pertains to the advertisements published in several newspapers having wide circulation all over India by the respondents both in print and in electronic form which are “Annexure H” and “Annexure I” respectively to this application. The impugned advertisements, inter alia, contain the following caption “DABUR AMLA DE SHANTI KE MUKABLE (up to) 50% ZYADA MAZBOOT BAAL” (in Hindi Language). There is also disclaimer to the advertisement to the effect that
Descriptors like 'ordinary' or 'sadharan' do not constitute disparagement unless linked to a specific product, balancing trademark protection with freedom of speech.
The main legal point established in the judgment is that while comparative advertising is permissible, an advertiser cannot denigrate or disparage a rival product. The court emphasized the importance....
Point of law: Under Section 3 (a) of the Drugs & Cosmetic Act, 1940 and as agreed by both parties, there can be no Chyawanprash available in the market with 42 ingredients
Commercial advertisements must promote without disparaging competitors; misleading claims are impermissible under protection afforded to commercial speech.
The use of the term 'Sadharan' in advertisements does not inherently imply disparagement if the context suggests substantial differences between competing products.
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