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2010 Supreme(Del) 100

MUKTA GUPTA, MADAN B.LOKUR
Dabur India Ltd. – Appellant
Versus
Colortek Meghalaya Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Sudhir Chandra, Sr. Adv. with Mr. Hemant Singh & Ms. Mamta R. Jha and Mr. Sumit Rajput, Advocates.
Mr. Ashok Desai, Sr. Adv. with Mr. Rajiv Tyagi, Advocate.

JUDGMENT

MADAN B. LOKUR, J. The Appellant manufactures and markets, among other things, a mosquito repellant cream under its brand name Odomos and Odomos Naturals. The Respondents also manufacture a mosquito repellant cream, but under the brand name Good Knight Naturals.

2. The Respondents telecast their advertisement/commercial of Good Knight Naturals mosquito repellant cream and according to the Appellant, the advertisement/commercial disparages its product.

3. The question that arises before us is this: Does the commercial telecast by the Respondents disparage the product of the Appellant and if so, whether the Appellant is entitled to an injunction against the telecast. In our opinion, the answer to the first question is in the negative. Consequently, the second question does not arise. To this extent, we confirm the view taken by a learned Single Judge in the impugned order.

4. The commercial in question is in Hindi but for convenience, the story board is reproduced below in Hindi (as it appears) and its translation in English.


5. The submission of the Appellant is that its product Odomos is an extremely popular mosquito repellant cream and it enjoys over 80% of the






















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