RECKITT BENCKISER (INDIA) LTD. Vs. HINDUSTAN UNILEVERLTD

JUDGEMENT

(1.) BY this order, I shall dispose of the application filed by the plaintiff under order 39 Rule 1& 2 of the Code of Civil Procedure, 1908 seeking ad interim injunction against of defendants the telecast of a television commercial Lifebuoy Soap, which as per the plaintiff is disparaging and denigrating the reputation and goodwill of the plaintiff in the commercial market.

(2.) THE plaintiff has filed the present suit for permanent and mandatory injunction, being aggrieved by the defendants television commercial which allegedly depicts a child being sick because of the usage of Dettol as an antiseptic liquid in bathing water. The advertisement starts with the doctor entering the house of a sick child where he inquires about the hygiene habits of the child from his parents and also if the child takes bath regularly. To which the parents respond in affirmative and explain that they even dilute "2 dhakkans" of antiseptic liquid in the bucket of water. The next screen shot shows liquid being poured into the bucket of bathing water, the bottle of which is virtually identical in shape to the bottle used by the plaintiff for its ,,Dettol antiseptic liquid. The liquid when poured into water becomes milky (cloudy) exactly like the plaintiffs product, which according to the plaintiff is the exclusive feature of the product. The advertisement thereafter proceeds to show that the plaintiffs product is completely ineffective in warding off infections and illness, which as per the plaintiff is a malafide on defendants part, trouncing the goodwill of the plaintiff in the market. It further proceeds to compare the defendants cosmetic toilet soap with the plaintiffs antiseptic liquid as being "100% Better germ Protector". It is averred that intention behind the commercial is malicious, especially in view of the trade literature which shows that Dettol captures 85% of the market and is a market leader in the segment of antiseptic liquid being sold in India.

(3.) A BRIEF CONSPECTUS OF FACTS, AS PER THE PLAINT: