Calcutta High Court
Hindustan Unilever Limited vs Anchor Health & Beauty Care Pvt. Ltd on 26 August, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 1594 of 2008
CS No. 96 of 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
HINDUSTAN UNILEVER LIMITED
Versus
ANCHOR HEALTH & BEAUTY CARE PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 26th August, 2010.
Appearance:
Mr. Tilok Bose, Adv.
Ms. Mousumi Bhattacharya, Adv.
The Court : The defendant is not represented even at the second call.
At the ad interim stage an order was made on May 15, 2008 in this suit where the plaintiff complains of disparagement of its goods by the defendant. The defendant had submitted at such stage that it would not use the words "first and only (Sirf)" in the advertisement being Annexure M appearing at pages 114 to 118 of the petition. The defendant had also submitted that it would not put up any new hoarding as shown at Annexure L (page 112) of the petition. The 2 defendant had submitted that it had no control over the advertisement reflected in Annexure N and over the You Tube publication.
Since the defendant had furnished such undertaking and the defendant is not represented today even at the second call, GA No.1594 of 2008 is disposed of by restraining the defendant whether by itself or by its servants or agents or assigns or otherwise howsoever from using the words "first and only (Sirf)" in the advertisements being Annexure M to the petition. There will also be an order of injunction restraining the defendant whether by itself or by its servants or agents or assigns or otherwise howsoever from putting up any new hoarding as shown in Annexure L to the petition or anything similar thereto.
The order will also apply to advertisements on the web by the defendant.
There will be no order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.
A.R(C.R) 3