Delhi High Court - Orders
Reckitt Benckiser India Private ... vs Hindustan Unilever Limited on 27 July, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 340/2021, I.A. 8999/2021, I.A. 9000/2021, I.A.
9001/2021, I.A. 9002/2021, I.A. 9003/2021, I.A. 9004/2021 & I.A.
9005/2021
RECKITT BENCKISER INDIA PRIVATE LIMITED ..... Plaintiff
Through: Mr.Chander M. Lall, Senior Advocate
with Ms. Nancy Roy, Mr. Jawahar
Lal and Ms. Ananya Chug,
Advocates.
versus
HINDUSTAN UNILEVER LIMITED ..... Defendant
Through: Mr.Rajiv Nayar, Sr. Advocate with
Mr.Sudhir Chandra, Sr. Advocate,
Mr.Tushar Rao, Sr. Advocate,
Mr.Ankur Sangal, Mr.Nishad
Nadkarni, Ms.Pragya Mishra,
Advocates.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 27.07.2021 (hearing through Video Conferencing) The matter has been received on transfer. The plaintiff, vide the present suit has made the following prayers:-
"A. The Defendant, its directors, principals, proprietor, partners, officers, employees, agents, distributors, franchisees, representatives and assigns be restrained by a permanent injunction from:
i. Telecasting/ broadcasting/ publishing or otherwise Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:28.07.2021 00:13 howsoever, communicating to the public any of the Impugned advertisements or any part thereof or any other advertisement of a similar nature in any language or in any manner causing the Impugned advertisement or any part thereof or any other advertisement of a similar nature to be telecast or broadcast or communicated to the public or published in any media including digital/electronic or social media or in any other manner disparaging the goodwill and reputation of the Plaintiffs and their products sold under the trade mark HARPIC;
ii. Using the depiction of the Plaintiffs' product or any other product deceptively similar to that of the Plaintiffs' in its advertisement or in any other manner infringing the Plaintiff's registered trade marks and/or disparaging the goodwill and reputation of the Plaintiff and its product sold under the trade mark HARPIC;
iii. using any other indicia whatsoever to associate with/ depict the Plaintiffs or their products in its advertisements issued in any and all media whatsoever including the electronic media;
B. The Defendant, its directors, principals, proprietor, partners, officers, employees, agents, distributors, franchisees, representatives and assigns be directed to issue a clarificatory advertisement in video and print / digital formats in an effort to repair the loss of reputation caused to the Plaintiff's HARPIC branded product. C. The Plaintiffs be awarded damages (including special, compensatory and penal damages) for disparagement, denigration and tarnishing of its goodwill and reputation by the Defendant by its impugned advertisement; D. The Plaintiffs be additionally awarded punitive and exemplary damages against the Defendant;
E. Cost of the suit be awarded to the Plaintiff; and F. Any other relief which this Hon'ble Court thinks fit and proper in the circumstances of the case be allowed in favor Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:28.07.2021 00:13 of the Plaintiff and against the Defendant."
Initial submissions have been made on behalf of the plaintiff. On behalf of the defendant, learned senior counsel present on behalf of the defendant seeks to place reliance on verdicts in support of the contentions that puffing would be permissible between competitors to contend to the effect that the prayer made by the plaintiff ought not to be granted even as an interim measure.
On behalf of the plaintiff also, reliance is sought to be placed on catena of verdicts, the copies of the verdicts relied upon on behalf of either side be emailed to the Court Master in advance with copies thereof being exchanged inter se.
The matter be re-notified for consideration before the Roster Bench for the date 28.07.2021.
ANU MALHOTRA, J JULY 27, 2021 'Neha Chopra' Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:28.07.2021 00:13