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2008 Supreme(Del) 730

BADAR DURREZ AHMED
Reckitt Benckiser (India) Limited – Appellant
Versus
Hindustan Unilever Limited – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: C.M. Lall and Shikha Sachdev, Adv.
For Respondents/Defendant: Rajiv Nayyar, Sr. Adv., Aditya Narain, Ameer Parekh, Sumeet Lall, Kush Chaturvedi and Subranshu Padhi, Advs.

JUDGMENT

Badar Durrez Ahmed, J.

1. The plaintiff seeks an injunction restraining the defendant from telecasting an advertisement, a story board of which has been filed at page 1 of the list of documents filed Along with the plaint, on the ground that it disparages the goodwill and reputation of the plaintiff and its product sold under the trademark HARPIC.

2. The impugned advertisement is in respect of the defendants toilet cleaner which is sold under the mark DOMEX. According to the plaintiff, the impugned advertisement, while promoting the defendants said product DOMEX, disparages and rubbishes blue liquid cleaners and, thereforee, is also directed against the plaintiffs toilet bowl cleaner which is sold under the mark "HARPIC" and is blue in colour.

3. According to the plaintiff, its product "HARPIC POWER" and now the newly introduced "HARPIC POWER OPTI-THICK" are blue acid-based cleaners. On the other hand, the defendants DOMEX cleaner is a bleach-based cleaner and is translucent / white. It is contended on behalf of the plaintiff that acid-based cleaners can have a colour inasmuch as colour dyes are stable with acids. However, bleach-based cleaners, not being stable with colou




















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