INDIRA BANERJEE, ABDUL QUDDHOSE
Gillette India Limited, Represented by its Authorized Signatory, Siddhant Sharma – Appellant
Versus
Reckitt Benckiser (India) Private Limited, Represented by its Authorized Signatory, Rajesh Kumar Jha – Respondent
1. These appeals have been filed by the appellant under Clause 15 of the Letters Patent against the Common Order dated 10.11.2017 passed by the learned Single Judge in O.A.Nos.977 to 981 of 2017 in C.S.No.768 of 2017. C.S.No.768 of 2017 filed by the respondent in a disparagement suit.
2. The respondent plaintiff is a manufacturer of depilatories (Hair Removal Creams), whereas the appellant is a manufacturer of Razors. Even though, the product of the appellant and the respondent plaintiff are different, both depilatory creams and razors are used for removal of unwanted hair from the human body. While the appellant's product is constituted of blades with protective coverings and a handle, the respondent plaintiff's product is a cream.
3. The case of the respondent plaintiff is that the appellant has, in its print and in its electronic audio visual advertisement, denigrated and disparaged the product VEET manufactured by the respondent.
4. The advertisement posted by the respondent plaintiff in the print media, under challenge in the suit is reproduced herein below:
“IMAGE”
5. The respondent plaintiff has also impugned an advertisement issued by the appellant, inter alia, in the
Tata press Ltd. v. Mahanagar Telephone Nigam Ltd. and Ors. MANU/SC/0745/1995 : 1995(5) SCC 139
Nachiketa Walhekar v. Central Board of Film Certification
Prakash Jha Productions v. Union of India
Dabur India Limited vs. Emami Limited
Paras Pharaceuticals Ltd vs., Ranbaxy Laboratories Ltd.
Gajendragadkar, J. in Printers (Mysore) Private Ltd. v. Pathar Joseph
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