Comparative Advertising IV

Extolling of one’s positive features is permissible. However, denigration of a rival’s or a competitor’s product is completely impermissible. It would be reading too much into Santoor’s impugned advertisement, in my opinion, to extract from it anything derogatory or deprecating regarding Dettol. It does not even obliquely refer to moisturizing qualities, present or absent, of Dettol. It merely extols Santoor.

No consumer is expected to keep a recording and rewind and play again and again. What has to be assessed is, effect on a consumer at one view.

No prima facie case is made out.   

Hon’ble Justice C. Hari Shankar of Hon’ble High Court of Delhi, Reckitt Benckiser (India) Pvt. Limited v. Wipro Enterprises (P) Ltd., [CS(COMM) 258/2023] decided on 18.05.2023.