In a case before the Delhi High Court recently, an order was passed against an advertisement which denigrated the goodwill and reputation of another company and its product.
In Reckitt Benckiser (India) Ltd v Hindustan Lever Limited, the plaintiff’s soap was sold under the trade mark Dettol, while the defendant’s advertisement was intended for the promotion of its soap, Lifebuoy. As the manufacturer of Dettol for over 70 years, Reckitt Benckiser sought a permanent injunction and damages for the disparagement and unfair trade practice against the introduction of a television advertisement by Hindustan Lever.
Reckitt Benckiser alleged that a bare viewing of the advertisement would be sufficient to convince the court of the malicious intention of Hindustan Lever to increase the market share of its Lifebuoy soap by tarnishing the goodwill and reputation of Dettol Original Soap.
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The update of court judgments is compiled by Bhasin & Co, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
