said
suit is a disparaging suit arising out a comparative advertisement
published/advertised by the appellant and the respondent no. 1 has
filed the said ... cause of action
of the respondent/plaintiff arose from the comparative
advertisement aired by the appellant. The purpose of comparative
advertising is, in fact
does compare Santoor with Dettol, Mr.
Sibal's contention is that the comparison is within well the permissible
limits of comparative advertisement, and that ... therefore, elementary. Over a
course of time, the principles relating to comparative advertisement,
and its legitimate boundaries, stand delineated by several authoritative
judicial pronouncements
Health Food Drinks' category. He stated that the impugned
advertisement compared one cup of COMPLAN with two cups of
HORLICKS and had a disclaimer ... comparative advertising was
stayed as it compared two incomparable products namely, Betadine
sold in standardised solution and Dettol sold in concentrated form.
Further, it compared
allowed in advertising and plaintiff cannot be
hyper-technical as comparative advertisement is permissible and promoted.
5.5 No reasonable man of average intelligence viewing ... discuss the meaning and scope of
disparagement vis-à-vis comparative advertisement in India.
A. Comparative Advertisement, Puffery and Disparagement
12. Since time immemorial, advertisements
denigrate or disparage
the goods of another person. In case of comparative advertisement, a
certain amount of disparagement is implicit. If a person compares ... competitor's, while
comparing his goods with that of the other traders. In comparative
advertising, the comparing of one's goods with that
2018 Page 7 of 41
Print advertisement 1
1
The print advertisement reproduced is the proposed amended advertisement as suggested by the
Defendant ... instead, comparing it with non-diabetic
traditional Chyawanprash. The Defendant is thus mischievously comparing
different categories of products as comparables which is not permissible
requirement in law to disclose
each and every factor in comparative advertisement. According to him, as long
as the relevant factors had been disclosed ... denigrate or disparage the goods of another person. In
case of comparative advertisement, a certain amount of
disparagement is implicit. If a person compares
watching the advertisement. The advertisement
ceases to be mere "puff" when the
advertisement claims that what is stated in the
advertisement is correct ... services and
arising out of comparative commercial advertisements, in my opinion.
As I have held that serious comparative advertisement should not be made
conclusion, Mr. Nayar, ld. Sr. Counsel submits that the
comparative advertisement has to be acceptable so long as there is no
disparagement or denigration ... viewer cannot decipher that the commercial is, in fact, a comparative
advertisement. The impugned commercial seems like an exaggerated
focused commercial on 'DABUR GLUCOPLUS
comparable case, when the TPO
had compared the operating margins in the same
segment, i.e. sale of air time advertisement.
4.The appellant craves ... used as a
comparable."
5. The assessee also identified additional comparable and stated that
the average margin of 10 comparables after excluding
