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2022 Supreme(Mad) 1553

SENTHILKUMAR RAMAMOORTHY
Procter & Gamble Hygiene and Healthcare Limited, Mumbai – Appellant
Versus
Reckitt Benckiser (India) Private Limited, New Delhi – Respondent


Advocates appeared:
For the Applicant:Vijay Narayan, Senior Advocate assisted by Jose John for M/s. King & Patridge, Advocates. For the Respondent:Chander Lall, Satish Parasaran, Senior Advocates for M/s. R. Saravanakumar assisted by M/s. R. Jawaharlal, Nancy Roy, Advocates.

JUDGMENT

(Prayer in O.A.No.737 of 2021: This Original Application is filed under Order XIV Rule 8 of Original Side Rules r/w. Order 39 Rule 1 and 2 of CPC praying to grant an order of interim injunction restraining the Respondent, its men, servants, agents, assigns, directors, officers, any person claiming through or under it from issuing/circulating/publishing/telecasting/streaming the offending advertisement filed as Plaint Document No.2, or other similar advertisement in any media and in any language and thereby, disparaging/denigrating the Applicant’s product Vicks Cough Drops by making false, injurious and misleading representations, either directly or indirectly, or in any other manner whatsoever pending disposal of suit.)

1. This Original Application is filed to restrain the respondent from issuing, circulating, publishing, telecasting or screening the impugned advertisement or any similar advertisement in any media and thereby disparaging or denigrating the applicant’s product, Vicks Cough Drops.

2. The applicant is a company engaged in the manufacture and sale of consumer staples, which are otherwise referred to as fast moving consumer goods. One of the products manufactured

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