DABUR INDIA LIMITED Vs. COLGATE PALMOLIVE INDIA LTD

JUDGEMENT

(1.) TRADE RIVALRIES WHICH LEAD TO ADVERTISEMENTS IN WHICH THE PRODUCT OF AN ADVERTISER IS EXTOLLED AND THE RIVAL PRODUCT DEPRECATED HAVE LED TO THIS SUIT BY THE PLAINTIFF DABUR INDIA LTD. WHO MAKES DABUR LAL DANT MANJAN POWDER, AGAINST THE DEFENDANT COLGATE PALMOLIVE INDIA LTD. WHO MANUFACTURE COLGATE TOOTH POWDER. THIS SUIT AND THIS APPLICATION FOR INTERIM INJUNCTION IS OCCASIONED BY AN ADVERTISEMENT AIRED ON THE VISUAL MEDIA BY THE DEFENDANT. THE SUM AND SUBSTANCE OF THE TV ADVERTISEMENT COMPLAINED OF IS THAT A CINE STAR SUNIL SHETTY IS SEEN STOPPING THE PURCHASERS OF LAL DANT MANJAN POWDERS. HE FURTHER INFORM THEM OF THE ILL EFFECTS OF SUCH LAL DANT MANJAN BY RUBBING IT ON THE PURCHASER'S SPECTACLES WHICH LEAVES MARKS WHICH ARE TERMED BY SUNIL SHETTY AS BEING AKIN TO SANDPAPERING. HE ALSO ENDORSES THE DEFENDANT COLGATE'S TOOTH POWDER AS BEING 16 TIMES LESS ABRASIVE AND NON DAMAGING TO THE SPECTACLES. HE IS HEARD TELLING THE PURCHASER THAT IT IS EASY TO CHANGE SPECTACLES BUT NOT THE TEETH.

(2.) THE PLAINTIFF'S CLAIM AS PER THE PLEAS OF SHRI ARUN JAITLEY, SENIOR ADVOCATE IS THAT :-

(3.) MR. ROHTAGI, THE LEARNED SENIOR COUNSEL FOR THE DEFENDANT HAS CONTENDED THAT :