Hon’ble Delhi High Court in a matter explained propositions relating to comparative advertising which means “any trader is entitled to puff his own goods even though such puff as a matter of pure logic involves the denigration of his rival’s goods”. Factors constituting disparagement were also laid down which were the intention, the overall effect and the manner of advertising the specific commercial. Taking in account the statements of law in both the commercials, concept of “reciprocal advertisement” was propounded, in which they disgrace each other products with the same level of malicious contents. Hence the court in the aforesaid matter held that interim injunction will not be granted.
Procter & Gamble Home Products vs Hindustan Unilever Ltd. CS (OS) No. 459/16,463/16 and 507/16 decided on 17th February, 2017