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2004 (5) TMI 599 - DELHI HIGH COURTApplication for temporary injunction - disparagement or defamation or insinuation to the goods - advertisement of a product - leading manufacturer of pharmaceutical products - HELD THAT:- In my considered opinion, even if there be no direct reference to the product of the plaintiff and only a reference is made to the entire class of Chayawanprash in its generic sense, even in those circumstances disparagement is possible. There is insinuation against user of Chayawanprash during the summer months, in the advertisement in question, for Dabur Chayawanprash is also a Chayawanprash as against which disparagement is made. To the same effect is the judgment of the Calcutta High Court in RECKITT & COLMAN OF INDIA LIMITED VS. M.P.RAMCHANDRAN & ANOTHER[1998 (8) TMI 627 - CALCUTTA HIGH COURT]. When the defendant is propagating in the advertisement that there should be no consumption of Chayawanprash during the summer months , it is also propagating that the plaintiff's Chayawanprash should not also be taken during the summer months as it is not good for health and instead Amritprash, which is the defendant's product, should be taken. Such an advertisement is clearly disparaging to the product of the plaintiff as there is an element of insinuation present in the said advertisement. The defendant could not have taken up a plea that Chayawanprash , which is a competitor to Amritprash, is bad during the summer months and since the defendant has resorted to the same, the same is disparaging and , Therefore, the case in hand calls for an action in terms of the prayer made in the injunction application. In the light of the aforesaid discussion, I allow the application filed by the plaintiff and issue a temporary injunction restraining the defendant, its agents, distributors, stockists and all others acting on its behalf from telecasting the impugned Himani Sona Chandi Amritprash T.V. Commercial, during the pendency of the present suit. The application stands disposed of in terms of the aforesaid order.
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