Comparative Advertising IV

Posted on by Rudrajyoti Nath Ray

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.  

Santoor

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.