HAVELLS INDIA LTD Vs. AMRITANSHU KHAITAN

JUDGEMENT

(1.) PRESENT suit has been filed for permanent injunction restraining misleading and disparaging advertising, slander of the plaintiffs product, dilution, damages/rendition of accounts, delivery up, etc.

(2.) PLAINTIFFS in the present suit have impugned the promotional campaign/advertising of the defendants wherein they have compared their product i.e. "Eveready LED Bulb" with the plaintiffs product i.e. "Havells LED Bulb" as according to the plaintiffs the same has resulted in disparagement and misrepresentation besides misleading the consumers. The advertisement that is impugned is reproduced hereinbelow:- <IMG>JUDGEMENT_108_LAWS(DLH)3_2015.jpg</IMG>

(3.) MR . C.M. Lall, learned counsel for plaintiffs stated that the statement in the impugned advertisement that "check lumens and price before you buy" was an invitation to consumers to compare only two attributes of a Bulb, i.e. lumens and price, as if they were the only two attributes relevant for determining the value of an LED Bulb. According to him, the impugned advertisement was a comparison of two products using selective and mischievous means to compare. He asserted that as the defendants impugned advertisement dealt with value and conveyed an impression that it offered better value for lesser price, it was obliged to compare all the relevant parameters. Mr. Lall submitted that in Tata Press Ltd. Vs. Mahanagar Telephone Nigam Limited and Ors., 1995 5 SCC 139 the Supreme Court has held that "The "commercial speech" which is deceptive, unfair, misleading and untruthful would be hit by Article 19(2) of the Constitution and can be regulated/prohibited by the State."