1. All the three suits, between the same two parties and filed in quick succession, (may be by way of counter-blast and rejoinder!) claim disparagement of the goods of the plaintiff in the suit, by the defendant in the suit in Television Commercial (TVC) of its goods and seek the relief of injunction and damages.

2. Both the parties to the suit namely Procter & Gamble Home Products Pvt. Ltd. (P&G) and Hindustan Unilever Ltd. (HUL) are manufacturers inter alia of shampoo. These suits are concerned with shampoo sold by each in sachet (as distinct from shampoo sold in bottles or containers) and during the hearing, the counsels were ad idem that sale in sachets constitutes 70% of the total sale of shampoos.

3. These suits concern the ‘Clinic Plus’ and ‘Dove’ brands of HUL and ‘Head & Shoulders Anti-dandruff Shampoo’ (Head & Shoulders) brand of P&G.

4. It is not in dispute that the market price of a sachet of Clinic Plus is Re.1/- and the market price of a sachet of Head & Shoulders is Rs.3/-.

5. The advertisement impugned in each of the suit indisputably compares the two products and though does not name the product of the other but, besides showing the sachet of the advertiser’s