VIKRAMAJIT SEN
RECKIT BENCKISER INDIA LIMITED – Appellant
Versus
NAGA LIMITED – Respondent
( 1 ) THE Plaintiff has filed this Suit for permanent and mandatory injunction, being aggrieved by the Defendant s television commercial which depicts a woman in an advanced stage of pregnancy needing urgent medical assistance during a train journey. The doctor calls for hot water and is handed a cake of soap which she rejects, stating that an antiseptic soap is needed. It is not in dispute that the soap which was handed over to the doctor is identifiable by viewers as the Plaintiff s product, namely, Dettol Soap. The doctor further states in the commercial that"at a time like this, you do not need just antiseptic, you need a protector". The Defendant s ayurvedic soap is then shown and it is concurrently stated that it is a body rakshak soap, the first ayurvedic soap that completely removes all seven kinds of terms and protects from infection. The Plaintiff s grievance is that this commercial disparages its Dettol Soap. It is averred that the intention behind the commercial is malicious, especially in view of the the trade literature which shows that Dettol Brand sales are about 30-35 crores out of a total sales of Rs. 230 crores. The Plaintiff has vehemently stress
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