RECKITT BENCKISER INDIA LTD Vs. HINDUSTAN LEVER LIMITED

JUDGEMENT

(1.) THIS is a suit for permanent injunction and damages for disparagement and unfair trade practices. The plaintiff and the defendant are competitors. The plaintiff is aggrieved by the defendant's advertisement on television, which allegedly disparages the plaintiff's soap sold under the trade mark "dettol". The defendant's advertisement is for promotion of its soap " LIFEBUOY".

(2.) THE plaintiff has prayed that the defendant be restrained by a permanent injunction from (i) issuing or telecasting the impugned advertisement, or in any other manner disparaging the goodwill and reputation of the plaintiff and its product sold under the trade mark DETTOL, in any other advertisements and in all media whatsoever including the electronic media; (2) using the depiction of the plaintiff's soap or any other soap deceptively similar to that of the plaintiff's in its advertisement or in any other manner disparaging the goodwill and reputation of the plaintiff and its product sold under the trade mark DETTOL; (3) using any other indicia whatsoever to associate with/depict the plaintiff or its products in its advertisements issued in any and all media whatsoever including the electronic media. The plaintiff also seeks damages to the extent of Rs 20,00,050/- for disparagement, denigration and tarnishment of its goodwill and reputation by the defendant by its impugned advertisement. Additionally, the plaintiff has also prayed for punitive and exemplary damages against the defendant as well as for costs of the suit.

(3.) IT is stated in the plaint that the plaintiff has been involved in the manufacture of the famous antiseptic disinfectant under the trade mark DETTOL, for over 70 years and that the mark DETTOL has become synonymous with good hygiene and, today, it is a household name and is the most widely used antiseptic disinfectant in the country. It is stated in the plaint that the history of DETTOL dates back to the year 1929 when the DETTOL antiseptic liquid was developed. It is alleged, that as an antiseptic germ disinfectant, DETTOL has an unparalleled reputation in the medical profession. It is also averred that DETTOL has continuously evolved to meet modern day demands, and now incorporates a range of innovative antiseptic, disinfectant and cleaning products ranging from antiseptic liquid, hand wash and the DETTOL toilet soap which has been manufactured and sold by the plaintiff continuously since 1981.