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2013 Supreme(Del) 540

KAILASH GAMBHIR
Reckitt Benckiser (India) Ltd. – Appellant
Versus
Hindustan Unilever Ltd. – Respondent


Advocates Appeared:
For the Plaintiff:C.M. Lall with Ms. Ekta Sarin, Ms. Ankita Ubreja, Advocates.
For the Defendant:Sandeep Sethi, Sr. Advocate with Sameer Parekh, Kumar Shashank, Nitin Thukral, Ms. Preeti Gupta, Advocates.

Judgment :

1. By this order, I shall dispose of the application filed by the plaintiff under order 39 Rule 1& 2 of the Code of Civil Procedure, 1908 seeking ad interim injunction against the telecast of a television commercial of defendant’s Lifebuoy Soap, which as per the plaintiff is disparaging and denigrating the reputation and goodwill of the plaintiff in the commercial market.

2. The plaintiff has filed the present suit for permanent and mandatory injunction, being aggrieved by the defendant’s television commercial which allegedly depicts a child being sick because of the usage of Dettol as an antiseptic liquid in bathing water. The advertisement starts with the doctor entering the house of a sick child where he inquires about the hygiene habits of the child from his parents and also if the child takes bath regularly. To which the parents respond in affirmative and explain that they even dilute “2 dhakkans” of antiseptic liquid in the bucket of water. The next screen shot shows liquid being poured into the bucket of bathing water, the bottle of which is virtually identical in shape to the bottle used by the plaintiff for its “Dettol” antiseptic liquid. The liquid when poured i






































































































































































































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