RECKITT BENCKISER (INDIA) PVT. LIMITED & ANR. vs. WIPRO ENTERPRISES (P) LIMITED
Justice C Hari Shankar rejected the plea noting that comparative advertisement, short of denigration and disparagement, is permitted in law. The Delhi High Court rejected Dettol’s plea to restrain Wipro Enterprises from running an advertisement which allegedly disparaged the former while promoting its own Santoor Hand Wash.
The Delhi High Court has observed that comparative advertising includes the right to show the competing product but denigration or disparaging rival’s product is impermissible. “While it is permissible, therefore, to state that the advertised product is superior to the competitor’s, it is not permissible to attribute this superiority to some failing, or fault, in the product of the competitor. An advertisement cannot claim that a competitor’s goods are bad, undesirable or inferior.”
It is interesting to note that the Court did not pay any heed to the contention of the Plaintiff that the plaintiff has a subsisting design registration for the design of its Dettol Hand Wash which was identical to the bottle depicted in the impugned advertisement.
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