TaxTMI 
TaxTMI 
TaxTMI 
2004 (5) TMI 599
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....ns. The plaintiff is manufacturing and marketing its products under the brand name 'Dabur', which is a well-known brand in India and abroad. The plaintiff in the course of its business also manufactures and markets Dabur Chayawanprash, which is being sold not only in India but also in various other countries. It is claimed by the plaintiff that the plaintiff has a market share of 63% of the total market of Chayawanprash through India. Chayawanprash , which is an ayurvedic formation, is primarily a health tonic and has therapeutic qualities for enhancing the immunity against various diseases. 2. The defendant is also engaged in the manufacture of various ayurvedic formulations including Chayawanprash. The defendant is manufacturing ....
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....itprash INSTEAD". In the light of the aforesaid background facts, it was contended by the counsel for the plaintiff that the aforesaid advertisement in the commercial shown is a negative campaigning of the product of the plaintiff and that there is an effort on the part of the defendant of insinuating the product of the plaintiff. It was submitted that the clear message that is being sent by airing the said T.V commercial is that consumption of Chayawanprash is not advisable during summer season and that Amritprash is more effective substitute of Chayawanprash for summer season. It was submitted that the aforesaid advertisement/T.V commercial of the product of the defendant is deceptive and dubious and an malafide attempt to do negative ca....
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....is untrue. II He can also say that my goods are better than his competitors', even though such statement is untrue. III. For the purpose of saying that his goods are the best in the world or his goods are better than his competitors' he can even compare the advantages of his goods over the goods of the others. IV. He, however, cannot while saying his goods are better than his competitors', say that his competitors' goods are bad. If he says so, he really slanders the goods of his competitors. In other words he defames his competitors and their goods , which is not permissible. V. If there is no defamation, to the goods or to the manufacturer of such goods no action lies, but if there is such defamation , an action li....
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....message that is sought to be conveyed by the aforesaid T.V commercial is that consumption of Chayawanprash during the summer months is not advisable and Amritprash is more effective substitute for Chayawanprash in summer season. The plaintiff is manufacturing and marketing and has a market share of 63% of the total market of Chayawanprash throughout Indian and, Therefore, is vitally interested in seeing that Chayawanprash is sold through India during all the seasons. If, on the other hand, the said product is sold and marketed only for a few months of the year and not throughout the year the business of the plaintiff is going to be vitally and prejudicially affected. It is also brought on record that the defendant has a market share of abou....
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....ense, even in those circumstances disparagement is possible. There is insinuation against user of Chayawanprash during the summer months, in the advertisement in question, for Dabur Chayawanprash is also a Chayawanprash as against which disparagement is made. To the same effect is the judgment of the Calcutta High Court in RECKITT & COLMAN OF INDIA LIMITED VS. M.P.RAMCHANDRAN & ANOTHER (supra) 8. Mr. Chandhiok, appearing for the defendant vehemently submitted that Chayawanprash is a generic word and the plaintiff cannot have a monopoly or sole rights of the use of the said generic word and that the impugned advertisement, at any rate, did not make a slightest reference to the product of the plaintiff and on the contrary it makes reference ....