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19. List before Court on 14th December, 2022 I.A. 19353/2022 (u/O XXXIX Rule 1 and 2 CPC)

20. Issue notice.

21. Mr. Sagar Chandra, ld. Counsel accepts notice.

22. The present suit has been filed by Plaintiff - Parle Products Private Limited against the Defendant - Britannia Industries Ltd seeking permanent injunction restraining disparagement, infringement, unfair competition, etc regarding a video advertisement as also two print advertisements publicised by the Defendant for its 'Britannia Milk Bikis' products.

23. The case of the Plaintiff is that the Defendant is disparaging the Plaintiff's world famous biscuits product sold under the mark Parle-G by publicizing derogatory advertisement campaigns through television commercials, online broadcasts as well as through Print media i.e. e-Paper and print Newspaper. The disparaging advertisements include two print advertisements and one video advertisement ("hereinafter collectively as, impugned advertisements"). The Plaintiff submits that the impugned advertisements are made in a manner so as to reflect the Plaintiff's product in a bad light by suggesting that the Plaintiff's Parle-G biscuits give adhoora poshan and are sadharan biscuits. The impugned advertisements are as follows:

24. It is submitted by the ld. Counsel for the Plaintiff that the use of the letter 'G' in the print advertisements as also the use of a similar looking packaging in the video advertisement leaves no manner of doubt that the comparison of the Defendant's 'Britannia Milk Bikis' product is being made with the Plaintiff's Parle-G product.

25. After noticing the matter in the cause list, Mr. Sagar Chandra, ld. Counsel has entered appearance for the Defendant. He is supplied with complete set of suit papers including the plaint, applications and the accompanying documents. Ld. Counsel has also made some submissions after the passover was granted.

26. Ld. Counsel for the Defendant submits that the impugned video advertisement had been released by the Defendant in 2019 and the two print advertisements are of recent origin. Ld. Counsel further submits that the Defendant is willing to explore amicable resolution of the disputes.

27. The Court has perused the impugned advertisements. A perusal of the two print advertisements clearly shows that the use of the terms such as 'G- NAHI', 'Adhura poshan', etc. clearly make a reference to the Plaintiff's Parle-G's biscuits. This is also evidenced by the fact that the packaging with which the Defendant's product is compared in the impugned video advertisements is similar to the Plaintiff's Parle-G product. It is noted that the impugned video advertisement is available on YouTube.