Reckitt states, on 15.03.1979, it registered the word mark ‘HARPIC’. HUL also manufactures and markets a toilet cleaner, which is sold under the trademark ‘DOMEX’. Learned Single Judge declined Reckitt’s prayer to interdict HUL from broadcasting a TV Commercial.

It necessary, fair amount of latitude be available to advertisers. There is an element of creativeness which finds expression in puffery and hyperbole. Freedom of such expression is a cherished facet of Article 19(1)(a). In a comparative advertisement, it is open for an advertiser to embellish qualities of its products. But, it is not open for him to claim, goods of his competitors are bad, undesirable or inferior. He cannot disparage or defame goods of his competitor.

HUL has clearly crossed the line. On a plain viewing, it is clear, HARPIC does not address the problem of bad odour/foul smell. Learned Single Judge observed, Reckitt ought not be hypersensitive to an advertisement. The finding cannot be sustained.

HUL is restrained from airing the TV Commercial till disposal of the suit. We clarify, observations made, howsoever emphatic, must be read as prima facie observations.  

– Hon’ble Justice Vibhu Bakhru and Hon’ble Justice Amit Mahajan of Hon’ble High Court of Delhi, Reckitt Benckiser (India) Pvt. Ltd. v. Hindustan Unilever Limited, [FAO(OS) (COMM) 149/2021] decided on 26.09.2022.

Reckitt filed on a limited extent. Court found, on 26.09.2022, Learned Single Judge had erred in drawing a prima facie conclusion, the TV Commercial did not denigrate Reckitt’s product. Accordingly, this Court restrained HUL.

HUL, at present, files for the impugned advertisement, published in a newspaper, and the impugned videos. There can be little doubt, the impugned advertisement is disparaging to Reckitt’s product.

We find no infirmity with decision of Learned Single Judge interdicting telecast of the first and the third impugned videos. Learned Single Judge has not interdicted HUL from broadcasting the second impugned video but merely directed, it remove all references to Reckitt’s product. We find no infirmity.    

– Hon’ble Justice Vibhu Bakhru and Hon’ble Justice Amit Mahajan of Hon’ble High Court of Delhi, Hindustan Unilever Limited v. Reckitt Benckiser (India) Pvt. Ltd., [FAO(OS) (COMM) 157/2021] decided on 13.04.2023.