LAWS(DLH)-2019-10-59

PURO WELLNESS PVT LTD Vs. TATA CHEMICALS LTD

Decided On October 31, 2019
Puro Wellness Pvt Ltd Appellant
V/S
TATA CHEMICALS LTD Respondents

JUDGEMENT

(1.) This appeal is directed against an order dated 15th March, 2019 passed by the learned Single Judge in IA No.10934/2018 in CS(OS) No. 403/2018 restraining the Appellant/Defendant from "televising or publishing any commercials or any other advertising or promotional material in the print or electronic form which would result in disparagement or denigration of the Plaintiff's product/brand TATA salt including the impugned three television commercials or any modified forms thereof, the viral video, the pamphlet and the flyer as also the marketing booklet or any modified forms thereof."

(2.) The learned Single Judge however clarified that the Appellant "is entitled to promote its own product- Puro Healthy Salt as a salt which is natural and healthy."

(3.) The aforementioned suit was filed by the Respondent/Plaintiff Tata Chemicals Limited (TCL) against the present Appellant alleging that the Appellant had in the impugned "advertising material" made "false, baseless and reckless statements" against the Respondent/Plaintiff's product: "TATA Salt". The "impugned material" referred to in the plaint comprises: