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2013 (6) TMI 211 - HC - Companies LawSuit for commercial disparagement - Plaintiff has sought an interim injunction restraining the defendant from publishing advertisements or using any depiction or any other indica which disparages the goodwill and reputation of the plaintiff’s product sold under the trade mark DETTOL HEALTHY KITCHEN. A brief summary of the controversy is as follows. The plaintiff alleges that this reference in the advertisement was clearly directed to the plaintiff’s brand DETTOL being referred to as a Harsh Antiseptic. It also contends that the defendant has attempted to misrepresent that the plaintiff has done nothing but repackage its Antiseptic Liquid as DETTOL HEALTHY KITCHEN and the reference to “harsh antiseptic” in itself is denigrating of the plaintiff’s brand DETTOL. Held that:- Perusing the documents placed on record including the newspaper advertisement same subtly yet certainly targets the plaintiff’s brand DETTOL and its product DETTOL HEALTHY KITCHEN. - the defendant’s claim that “NO ONE REMOVES GREASE BETTER;NO ONE REMOVES GERMS BETTER” can be considered to fall within the purview of permissive comparative advertising. However, by stating that, An Antiseptic is for cleaning wounds and floors. Would you use to clean the utensils your family eats from? An antiseptic is for cleaning wounds and floors. Would you use it to clean the utensils your family eats from?, the defendant is to that extent impliedly referring to the plaintiff’s product by appealing to the consumer’s perception that the plaintiff’s product must be a harsh antiseptic and thereby denigrating the plaintiff’s product. Therefore, interim order has passed restraining the defendant to the extent indicated above from publishing the impugned advertisement or any other similar advertisement or depiction aimed at disparaging the goodwill and reputation of the plaintiff’s.
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