DABUR INDIA LIMITED Vs. PATANJALI AYURVED LIMITED

JUDGEMENT

(1.) The present suit has been filed seeking a decree of permanent and mandatory injunction against the advertisements of the defendants for their product, namely, "Patanjali Special Chyawanprash", alleging disparagement and denigration of plaintiff's product, namely, "Dabur Chyawanprash", and the entire class of Chyawanprash in general.

(2.) I.A. No. 49744/2024 has been filed seeking interim relief qua the impugned Hindi television commercial ("TVC") and impugned Hindi print advertisement issued by the defendants. I.A. No. 419/2025 has been filed seeking interim relief qua impugned English print advertisement issued by the defendants. The said impugned TVC and Hindi and English print advertisements ("Print Advertisements") have been issued by the defendants in relation to their product, "Patanjali Special Chyawanprash". It is the case of the plaintiff that by way of the impugned TVC and Print Advertisements, the defendants have disparaged "Dabur Chyawanprash" specifically, and Chyawanprash in general, and the same constitutes specific as well as generic disparagement. The plaintiff has further pleaded that false and misleading statements have been made in the impugned TVC and Print Advertisements in disparaging comparison with "Dabur Chyawanprash" and other existing Chyawanprash in the market.

(3.) It is the case of the plaintiff that in the impugned TVC and Print Advertisements, the defendants have clearly and undisputedly identified, denigrated and disparaged plaintiff's "Dabur Chyawanprash" and disparaged all Chyawanprash in the market. Hence, the present suit has been filed seeking permanent and mandatory injunction, and damages for denigration and disparagement. The present applications have been filed seeking interim relief of stay on the TVC and Print Advertisements.