August 12,2019:
In 2018, Dabur India Limited filed an interim application to restrain print and television commercial advertisement of Emami limited regarding Chawayanprash/Chavanprash. The defendants were restrained and in a response filed an appeal. In the appeal, the defendant was permitted to run the ad. Again the plaintiff filed an application for an injunction and was allowed. Next, the defendant preferred an appeal.
The Division Bench ordered the defendant to make some changes in the advertisement. Therefore, Emami's Zandu Chawayanprash came in a bottle of new colour and new tags. The Dabur India limited alleges that the defendant is infringing the registered trademark “Dabur Chyawanprash” or any other similar registered trademark. The Delhi High Court rejected the plea of Dabur for restraining an advertisement of a product of Emami.
Advertising Standards Council of India provides the condition under which comparative advertisement is permitted. An advertisement must not be false, deceptive, misleading and unfair. An advertisement as a commercial speech is protected by Article 19 of the Constitution of India.
The plaintiff complains that the ad of Zandu Chyawanprash says that except Zandu other Chawayanprash contains more than fifty per-cent sugar which is harmful. Dabur states that it also sells sugar-free under the name of “Chyawanprakash” and the defendant sells under the name “Chyavanprashad”. Hence Dabur states that the defendant is comparing with every traditional non-diabetic Chawayanprash which is misleading consumers.
The defendant defended the case by stating that the advertisement is for sugar conscious consumers. Further, the plaintiff runs ads of honey to prevent consumers from consuming sugar added honey.
The Court finds that there is nothing factually incorrect in the advertisement and further rejects the ground of misleading and deceptive clauses. On July 3rd 2019, The Honourable Justice Sanjeev Narula pronounced the judgement in favour of Emami.
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