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BOMBAY HIGH COURT
AK Menon, J
Hindustan Unilever Limited – Appellant
Versus
USV Private Limited – Respondent
| Table of Content |
|---|
| 1. introduction of appeals and parties involved. (Para 1 , 2) |
| 2. arguments about advertisement truth and commercial speech. (Para 3 , 4) |
| 3. jurisprudential framework governing appellate review. (Para 5 , 6 , 7) |
| 4. background of the products and advertisements. (Para 10 , 11 , 12 , 13 , 14) |
| 5. comparative advertising and cross-product comparisons. (Para 15 , 20 , 21) |
| 6. defense of truth and its complexities in advertisement. (Para 22 , 23 , 24) |
| 7. judicial caution in advertising disputes. (Para 26 , 27 , 28) |
| 8. criteria for disparagement and denigration in advertising. (Para 30 , 31) |
| 9. final decision and reasoning against interference. (Para 39 , 40 , 41 , 42) |
1. There are two Appeals. This common order will dispose of both. Both appeals arise from a common order and judgment dated 16th June 2022 (AK Menon, J). In Commercial IP Suit (L) No. 805 of 2021, Hindustan Unilever Limited ('HUL') is the Plaintiff. In Commercial IP Suit (L) No. 1087 of 2022, Wipro Enterprises Private Limited ('Wipro') is the Plaintiff. The Defendant is common, USV Private Limited ('USVPL').
2. HUL and Wipro both complained that USVPL launched an advertising campaign promoting and publicising its produc
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