Zydus Wellness Products Ltd vs Dabur India Limited on 12 May, 2022

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Delhi High Court - Orders

Zydus Wellness Products Ltd vs Dabur India Limited on 12 May, 2022

Bench: Prathiba M. Singh

                                                       Signature Not Verified
                                                       Digitally Signed
                                                       By:DEVANSHU JOSHI
                                                       Signing Date:13.05.2022
                                                       17:18:18


$~25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+             CS(COMM) 304/2022 & I.A. 7312/2022
     ZYDUS WELLNESS PRODUCTS LTD                       ..... Plaintiff
                    Through: Mr. Chander Lall, Sr. Adv. with Mr.
                             Sagar Chandra, Ms. Shubhie Wahi,
                             Ms. Ankita Seth, Ms. Sanya Kapoor,
                             Advocates
                    versus
     DABUR INDIA LIMITED                            ..... Defendant
                    Through: Mr. Rajiv Nayar, Sr. Adv. with Mr.
                             Anirudh Bakhru, Ms.Kripa Pandit,
                             Advocates
     CORAM:
     JUSTICE PRATHIBA M. SINGH
              ORDER

% 12.05.2022

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff- Zydus Wellness Products Ltd. seeking permanent injunction against two commercials /video advertisements recently released by the Defendant- Dabur India Limited for its product 'DABUR GLUCOPLUS-C ORANGE INSTANT ENERGY'.

3. The Plaintiff manufactures and sells 'GLUCON-D INSTANT ENERGY' in various flavours including in orange flavour. The grievance of the Plaintiff in the present suit is that the two advertisements in Bengali launched by the Defendant for the promotion of its product 'DABUR GLUCOPLUS-C ORANGE' denigrate and disparage all orange glucose powder drinks, in particular the market leaders in the field, which includes the Plaintiff's product 'GLUCON-

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:13.05.2022 17:18:18

D TANGY ORANGE'. The allegations have been set out in the plaint and the application for injunction.

4. Preliminary submissions have been made by the ld. Senior Counsels for both the parties. The impugned commercials have been released in Bengali language by the Defendant in the last week of April, 2022.

5. At this stage, considering the submissions made today, the Court would like to consider the reply on behalf of the Defendant before proceeding further in the matter. The said two commercials have already been released on the internet as also on television. However, Mr. Nayar, ld. Senior Counsel under instructions fairly submits that the Defendant would not expand the two Bengali commercials to any other language or medium till the next date of hearing.

6. This shall, however, not prevent the Defendant from advertising the 'DABUR GLUCOPLUS-C ORANGE INSTANT ENERGY' drink in the print medium so long as it is not a comparative advertisement.

7. The Defendant shall file the reply within a period of one week. Rejoinder be filed within one week, thereafter. The Defendant shall be bound by the above statement till the next date of hearing.

8. List on 31st May, 2022.

PRATHIBA M. SINGH, J.

MAY 12, 2022 Rahul/SK

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Delhi High Court - Orders