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2021 Supreme(Mad) 2056

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
ITC Limited, Rep. by its Constituted Attorney, P. Ramkumar, Chennai - Appellant
Versus
Reckitt Benckiser (India) Pvt Ltd, Haryana – Respondent
O.A. Nos. 554 to 556 of 2021 & A. No. 3475 of 2021 in C.S. No. 55 of 2021
Decided on : 06-10-2021

Advocate Appeared:
For the Applicant :Dr. Abhishek Singhvi, Senior Counsel, Jaideep Gupta, Arun C. Mohan, Advocates
For the Respondent:Chander Lall, Satish Parasaran Senior Counsels, Nancy Roy, E. Veda Bagath Singh, Advocates

Headnote:

Civil Procedure Code, 1908 - Section 151 - Order XXXIX - Rules 1 and 2 - Consumer Protection Act, 1986 - Section 2(1)(r) - Monopolies and Restrictive Trade Practices Act, 1969 - Section 36 A - Manufacturer of “NIMYLE” floor cleaner - Advertisement carrying denigrating and disparaging - Interim injunction - Plaintiff is manufacturer of “NIMYLE” floor cleaner - Defendant is manufacturer of “LIZOL” floor cleaner - Apprehending that, te defendant/respondent is likely to display an advertisement carrying denigrating and disparaging advertisement about plaintiff product's “NIMYLE” - Learned Counsel for applicant/plaintiff made a mentioning before this Court to move an Quia timet action suit with an application for exparte interim injunction. This Court declined request - Primarily, for reason that, Court cannot restrain right of expression in anticipation of defamation - Few days later, Learned Counsel for applicant/plaintiff again mention that, what feared has come true - Defendant/respondent had released innuendo advertisement carrying defamatory and disparaging comments about plaintiff product - Whether comparison made is to be restrained as defamatory, or true and fair to be allowed – Held, immediate impact on viewers of impugned advertisement will be, herbal floor cleaners are ineffective - More particularly, herbal cleaners which are green in colour will not kill 99.9% germs - Furthermore, herbal floor cleaner which is green in colour found in a particular shape of bottle will not kill 99.9% germs - It requires more liquid compare to respondents product “LIZOL” to have any effect - Interim injunction granted restraining respondent, their management, members, affiliates, directors, servants, officers, employees, representatives, agents and all other persons claiming under them or acting in concert with them or on their behalf or acting on their instructions from telecasting, broadcasting, publishing, disseminating or otherwise communicating to public in any manner, impugned advertisement carrying storyboard or any part thereof extracted in paragraph No.20 of this order - Original Application Nos.554 to 556 of 2021 are allowed

JUDGMENT :

(Prayer in O.A.No.554 of 2021 : Judge's Summons filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 and 2 and Section 151 of C.P.C.,

(a). This application should not be treated as urgent?

(b). This Hon'ble Court should not pleased to grant an interim injunction restraining the respondent, their management, members, affiliates, directors, servants, officers, employees, representatives, agents and all other persons claiming under them or acting in concert with them or on their behalf or acting on their instructions from telecasting, broadcasting, publishing, disseminating or otherwise communicating to the public in any manner, any advertisement or any part thereof or any other advertisements of a similar nature in any language or any other representation or in any other manner or part thereof or any other advertisement of a similar nature to be telecast or broadcast or communicated to the public or published in any manner which directly or indirectly or in any manner, disparages and/or denigrates the applicant's NIMYLE brand and/or goods bearing the NIMYLE trademark in any manner whatsoever, pending disposal of the suit.

(c). Such further or other orders as this Hon'ble Court deems fit and proper should not be passed.

O.A.No.555 of 2021: Judge's Summons filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 and 2 and Section 151 of C.P.C.,

(a). This application should not be treated as urgent?

(b). This Hon'ble Court should not pleased to grant an interim injunction restraining the respondent, their management, members, affiliates, directors, servants, officers, employees, representatives, agents and all other persons claiming under them or acting in concert with them or on their behalf or acting on their instructions from using in relation to the defendant's goods in any manner by way of advertisement or any manner whatsoever, the words “NIMYLE” or any other mark identical and/or deceptively similar thereto that infringes the Plaintiff's registered trademark/label NIMYLE or from using any other depiction of the product NIMYLE or any trade dress or distinctive feature thereof in any manner whatsoever, pending disposal of the suit and

c). Such further or other orders as this Hon'ble Court deems fit and proper should not be passed.

O.A.No.556 of 2021 : Judge's Summons filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 and 2 and Section 151 of C.P.C.,

(a). This application should not be treated as urgent?

(b). This Hon'ble Court should not pleased to grant an interim injunction restraining the respondent, their management, members, affiliates, directors, servants, officers, employees, representatives, agents and all other persons claiming under them or acting in concert with them or on their behalf or acting on their instructions from telecasting, broadcasting, publishing, disseminating or otherwise communicating to the public in any manner the impugned advertisement with Nimyle HERBAL Floor Cleaner or the trade mark Nimyle or any part thereof or any other advertisements of a similar nature in any language or any other representation or in any other manner or part thereof or any other advertisement of a similar nature disparaging and/or denigrated the plaintiff, its trademarks and/or products to be telecast or broadcast or communicated to the public or published in any manner which directly or indirectly or in any manner, disparages and/or denigrates the Applicant's NIMYLE HERBAL floor cleaner and/or goods bearing the NIMYLE trademark in any manner whatsoever, pending disposal of the suit.

(c). Such further or other orders as this Hon'ble Court deems fit and proper should not be passed.)

1. The plaintiff is the manufacturer of “NIMYLE” floor cleaner. The defendant is the manufacturer of the “LIZOL” floor cleaner. Apprehending that, the defendant/respondent is likely to display an advertisement carrying denigrating and disparaging advertisement abo

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