S.RAVINDRA BHAT, R.V.EASWAR
Hindustan Unilever Limited – Appellant
Versus
Reckitt Benckiser India Limited – Respondent
S. Ravindra Bhat, J.
1. This is a defendant’s appeal directed against a decree for permanent injunction issued by the learned Single Judge in a claim alleging that the defendant/appellant’s advertisement had disparaged the plaintiff’s goods. The impugned judgment also directed payment of punitive damages to the extent of Rs. 5 lakhs to the plaintiff. The parties will be referred to by their original description in the suit for the sake of convenience. RFA (OS) 50/2008 Page 2
2. The plaintiff (hereafter “Reckitt”) sought to restrain the defendant Hindustan Lever Ltd. (hereafter “HUL”) by permanent injunction from telecasting the impugned advertisement or otherwise disparaging Reckitt’s goodwill and reputation and its product sold under the trade mark DETTOL, in any other advertisements and in all media, from using the depiction of Reckitt’s soap or any other soap deceptively similar to that of Reckitt’s in its advertisement or in any other manner disparaging the goodwill and reputation of Reckitt and its product sold under the trade mark DETTOL, and finally, from using any other indicia whatsoever to associate with/depict Reckittor its products in its advertisements issued i
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