JUDGMENT

Mukta Gupta, J. - I.A. 11755/2019 (under Order XXXIX Rule 1 and 2 CPC)

1. Plaintiffs have filed the present suit against the defendant inter alia seeking prayer of permanent injunction and restraining the defendant, its Directors, Partners, agents etc. from telecasting or otherwise communicating to the public the impugned advertisement which amounts to intentional and deliberate disparagement of the plaintiffs'' health food drink HORLICK by the defendant through its television commercial (TVC).

2. Case of the plaintiffs is that the plaintiffs are renowned corporations and plaintiff No.1 adopted the trademark HORLICKS in the year 1943 which is registered in its favour in various classes. Plaintiff No.2 under license from plaintiff No.1 has extensively marketed and sold HORLICKS in India since the past many decades. Plaintiffs'' product HORLICKS is being sold in many countries around the world in different formulation in order to cater the needs of the varying consumers and its drink HORLICKS is seen as a complete health drink amongst the consumers. Plaintiffs'' product HORLICKS has 23 essential nutrients, that is, Protein, Fat, Carbohydrate, Vitamin B12, Folic Acid, Vitamin