I.A. 850/2015 [U/o. 39 Rules 1 & 2 CPC]

1. Present suit has been filed for permanent injunction restraining misleading and disparaging advertising, slander of the plaintiffs’ product, dilution, damages/ rendition of accounts, delivery up, etc.

2. Plaintiffs in the present suit have impugned the promotional campaign /advertising of the defendants wherein they have compared their product i.e. ‘Eveready LED Bulb’ with the plaintiffs’ product i.e. ‘Havells LED Bulb’ as according to the plaintiffs the same has resulted in disparagement and misrepresentation besides misleading the consumers. The advertisement that is impugned is reproduced here-in-below:-

“IMAGE”

3. Mr. C.M. Lall, learned counsel for plaintiffs stated that the statement in the impugned advertisement that “check lumens and price before you buy” was an invitation to consumers to compare only two attributes of a Bulb, i.e. lumens and price, as if they were the only two attributes relevant for determining the value of an LED Bulb. According to him, the impugned advertisement was a comparison of two products using selective and mischievous means to compare. He asserted that as the defendants’ impugned advertisement dea