Delhi High Court - Orders
Tata Chemicals Ltd vs Puro Wellness Pvt. Ltd on 8 April, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 403/2018
TATA CHEMICALS LTD. ..... Plaintiff
Through: Mr. Shahan Ulla and Mr. Krishan
Kumar, Advocates
versus
PURO WELLNESS PVT. LTD. ..... Defendant
Through: Mr. Nishad Nadkarni, Adv.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 08.04.2024
1. Following issues arise from the pleadings: i. Whether the various advertising material of the Defendant, which are impugned in the Suit, disparage, defame and denigrate 'white sale' in general, and specifically the Plaintiff's product namely, TATA Salt? OPP ii. Whether the Viral Video, which is one of the impugned advertising material, has been published and circulated by the Defendant or at its behest? OPP iii. Whether the impugned advertising by the Defendant constitutes an attack on the goodwill, reputation and brand equity of the Plaintiff and its brands 'TATA' and 'TATA Salt'? OPP iv. Whether the Defendant, its management, members, affiliates, directors, servants, officers, employees, representatives, agents or persons are liable to be restrained from directly or indirectly acting on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/04/2024 at 23:46:07 their instructions from telecasting, broadcasting, publishing, disseminating or otherwise communicating to the public in any manner, the Impugned Television Commercials, Impugned Viral Video or any part thereof or any other advertisements or communications of a similar nature? OPP v. Whether the Defendant, its management, members, affiliates, directors, servants, officers, employees, representatives, agents or persons are liable to be acting for an on behalf on their instructions including broadcasters, television channels, exhibitors etc. to deliver up for destruction all the master tapes, CDs, DVDs and any copies/material containing the Impugned Television Commercial, Impugned Viral Video or any part thereof or any other advertisements or communications of a similar nature? OPP vi. Whether the Defendant, its management, members, affiliates, directors, servants, officers, employees, representatives, agents or persons are liable to be directed to remove from Facebook, Youtube, Instagram, Twitter and any and all other social networking and media platforms and/or other websites which are available for access and viewing to the general public, any and all copies of the Impugned Television Commercials, Impugned Viral Video or any part thereof or any other advertisements or communications of a similar nature? OPP vii. Whether the impugned advertising material amounts to puffery and seeks only to promote the superiority of Defendant's product over edible white salt including Plaintiff's TATA Salt? OPD This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/04/2024 at 23:46:07 viii. Whether the plaintiff is entitled to Perpetual and Permanent Injunction against the Defendant? OPP ix. Whether the Plaintiff is entitled to Damages for disparagement, denigration, loss of goodwill and reputation? If so, the extent thereof?
OPP x. Whether the Plaintiff is entitled to any punitive and exemplary damages? If so, the extent thereof? OPP xi. Relief
2. No other issue arises or is pressed.
3. List of witnesses be filed within 15 days.
4. List before the learned Joint Registrar for recording of evidence on 09.07.2024.
NEENA BANSAL KRISHNA, J APRIL 8, 2024/PT This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/04/2024 at 23:46:08