impugned TVC would show that the commercial is not mere puffery or
hyperbole, but is an effort to show the Plaintiff's product ... would not be permissible even if the
product is not identified.
b. Puffery is permitted in advertising, however, serious
misrepresentation of nutritional value under
comparison even seriously that would not
offend any statute. Be it puffery, be it serious. On other issues his
Lordship's understands ... cannot say that the competitor's goods are
bad. Thus, puffery is allowed, but slander and defamation of the goods of
the competitor
proverbial"
.
large pinch of salt‟ and dismiss it as mere puffery. If it is the former
then, it is a case of disparagement ... latter then, it is a case
of mere puffery which is not actionable.
16. In Hindustan Unilever Limited Vs. Reckitt benckiser
India Limited
strength of the
said decision , he contended that although puffery and hyperbole to
promote one's product is permissible, it is not open ... statements of fact and not statements or assertions that are
apparent puffery or hyperbole. The propositions as stated in Reckitt and
Colman India
Hindustan Unilever Limited And Anr vs Usv Private Limited on 16 June, 2022
Author: A
person to exaggerate the claims
relating to his goods and indulge in puffery,
it is not open for a person to denigrate or
disparage ... COMAPL-22103-2022+J.doc
To this limited extent, puffery in the context
of comparative advertisement does involve
showing the competitor's goods
person to exaggerate the claims
relating to his goods and indulge in puffery,
it is not open for a person to denigrate or
disparage ... COMAPL-22103-2022+J.doc
To this limited extent, puffery in the context
of comparative advertisement does involve
showing the competitor's goods
person to exaggerate the claims
relating to his goods and indulge in puffery,
it is not open for a person to denigrate or
disparage ... COMAPL-22103-2022+J.doc
To this limited extent, puffery in the context
of comparative advertisement does involve
showing the competitor's goods
Para 27.
12. In my view, the impugned advertisements are more than
puffery. There is a clear reference to the product of the petitioner