Comparative advertising and disparagement: commercial crossed from puffery into denigrating a rival product, justifying interim restraint.

Comparative advertising remains lawful only when it praises the advertiser's own product without denigrating a rival's. Applying a common-consumer perspective, the Court found that the television commercial, through its portrayal of a sick child, repeated reference to "two dhakkans," and visual similarity to the plaintiff's antiseptic liquid, conveyed that the plaintiff's product was ineffective while the defendant's soap offered superior germ protection. That message crossed the line from puffery into disparagement. The plaintiff therefore established a strong prima facie case, the balance of convenience favoured protection of goodwill, and interim restraint was justified to avoid irreparable harm.

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Issues: Whether the impugned television commercial disparaged the plaintiff's product and whether ad interim injunction should be granted restraining its telecast.

Analysis: The commercial was assessed from the standpoint of a common consumer and not on the basis of technical test reports alone. It portrayed a sick child, repeated reference to "two dhakkans", a bottle and clouding effect closely resembling the plaintiff's antiseptic liquid, and suggested that the antiseptic liquid was ineffective while the defendant's soap provided "100% germ protection". Comparative advertising is permissible, but only so far as a trader praises its own product without denigrating a rival's product. The Court found that the impugned commercial went beyond mere puffery and conveyed a disparaging message about the plaintiff's antiseptic liquid. The Court also held that the plaintiff had established a strong prima facie case, that the balance of convenience favoured protection of the plaintiff's goodwill, and that refusal of interim relief would cause irreparable harm.

Conclusion: The impugned commercial amounted to disparagement of the plaintiff's product and ad interim injunction was warranted.

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