‘It cannot be concluded that Emami’s TV industrial seeks to slander the products of Hindustan Unilever Ltd,” said Justice Jayant Nath
The Delhi High Court has held that the tv commercial of Emami’s fairness cream for guys does no longer disparage Hindustan Unilever’s ‘Fair & Lovely’ cream.
Justice Jayant Nath stated prima facie it cannot be concluded that Emami’s TV industrial seeks to slander the products of Hindustan Unilever Ltd (HUL).
“I conclude that there’s no merit within the contention of the senior recommend for the plaintiff (HUL). In my opinion, overall the commercial advertisement does no longer go away an impression that during any manner disparages the made of the plaintiff. It can’t prima facie be concluded that the stated TV industrial seeks to slander the goods of the plaintiff,” the decision stated.
The court docket surpassed the order on a utility by HUL seeking to restrain Emami from telecasting one in every one of its advertisements for the product ‘Fair and Handsome’, which allegedly disparaged the goodwill and reputation of HUL’s product ‘Fair & Lovely’
The meantime application changed into filed in a pending healthy of HUL of trademark infringement, disparagement, and unfair alternate practices allegedly by using Emami.
The court listed the main in shape for hearing on July 11.
It additionally stated the cream shown within the TV industrial does no longer resemble HUL’s product.
“In this information and instances, the plaintiff now can’t complain about the TV business. The contentions of the plaintiff prima facie have no merits,” the court stated.
Regarding HUL’s arguments on disparagement, the court said prima facie there were no reserves.
“The TV commercial no doubt appears to make fun of a male the use of a women cream. Can it be said that this advertisement as a result of the said communicate stated is false or misleading or unfair or deceptive? Does it amount to widely wide-spread disparagement? The solution is in the poor.”
“In my view, the plaintiff is being over sensitive on the tale line of the TV industrial. The defendant had sufficient room to mess around for making the advertisement. In view of the literature that has been published on its personal internet site by the plaintiff, it additionally cannot be stated that prima facie the statements made inside the commercial regarding using of women’s cream through guys are fake,” the court stated.
HUL had submitted that the component ‘niacinamide’, used in its product, works in a similar manner on diverse skins, along with men and women, with a variable degree of efficiency.
It is commonplace for the male customer to apply fairness merchandise available within the marketplace without insisting for the products designed especially for men and a big variety of male purchasers are the use of fairness products designed for guys as well as for girls pores and skin, it claimed.
To in particular goal the male populace, in 2006, HUL released its product ‘Fair & Lovely Men’, which become later renamed as ‘Men’s Fair & Lovely’
HUD claimed that Emami, in its advertisement, makes a false claim that ‘Fair & Lovely’ became “rubbish and inefficacious” and its use changed into restrained handiest to girls.
It also objected to the coloration mixture of the tube shown in the commercial, that is pink and white, as HUL’s product is also of the same coloration.
“This is an try to demean, decrease and injure the commercial enterprise of the plaintiff (HUL) whilst at the identical time, searching for to amplify the business of the defendant (Emami),” it said.
Defending its commercial, Emami stated the purpose in the back of the advertisement turned into to inform male customers that the equity cream used by lady customers became now not effective on their pores and skin, as the texture of male skin changed into absolutely specific.
It said there has been not a whisper concerning HUL’s product and also comparison or denigration as alleged.
The courtroom referred to that Emami has now modified the color of the tube proven inside the advertisement to white, without a dual face logo, which becomes materially one-of-a-kind from HUL’s product.