Delhi High Court Restrains Britannia From Re-Publishing Disparaging Print Advertisements Against Parle
The Delhi High Court referred Parle Products Private Limited (Plaintiff) and Britannia Industries (Defendant) to its Mediation and Conciliation Centre for the resolution of the dispute over the alleged disparaging advertisement of Britannia Mik Bikis against the Parle-G biscuits.
The Bench of Justice Pratibha M. Singh observed that on perusing the two print advertisements it is clearly shown that the use of terms such as 'G- NAHI', 'Adhura poshan', etc., clearly referred to the Plaintiff's Parle-G's biscuits and further directed that while the settlement is being explored between the parties, the two print advertisements of the Defendant shall not be republished.
In this case, the plaintiff has sought a permanent injunction against the defendant restraining disparagement, infringement and unfair competition in the video and print advertisements of 'Britannia Milk Bikis' products.
Advocate J. Sai Deepak appeared on behalf of the plaintiff and submitted that the impugned advertisements have been made in a manner so as to reflect the plaintiff's product in a bad light by suggesting that Plaintiff's Parle-G biscuits give adhoora poshan and are sadharan biscuits. It was also submitted that defendant is disparaging the Plaintiff's world-famous biscuits product sold under the mark Parle-G by publicising derogatory advertisement campaigns through television commercials, online broadcasts as well as through Print media i.e., e-Paper and print Newspaper.
Advocate Sagar Chadha appeared on behalf of the defendant and submitted that the impugned video advertisement had been released by the defendant in 2019 and the two print advertisements are of recent origin. It was also submitted that the defendant is willing to explore amicable resolution of the disputes.
The Court observed that the terms used such as 'G-NAHI', 'Adhura poshan', etc., in the two print advertisements clearly referred to the Plaintiff's Parle-G's biscuits and further said that "This is also evidenced by the fact that the packaging with which the Defendant's product is compared in the impugned video advertisements is similar to the Plaintiff's Parle-G product. It is noted that the impugned video advertisement is available on YouTube."
The Court said that since the defendant is willing to amicably settle the matter, referred the parties to the Delhi High Court Mediation and Conciliation Centre and appointed Senior Advocate J.P Singh as the Mediator.
The Court also observed that "In the process of mediation, the changes to be carried out in the impugned video advertisement which is currently accessible online shall also be discussed. Accordingly, a comprehensive settlement mediation shall be undertaken between the parties."
Accordingly, the Court further directed the parties to report on the outcome of the mediation by December 14, 2022, and if the matter is not settled directed the defendant to file the reply to this injunction application by December 12, 2022.
Cause Title- Parle Products Private Limited v. Britannia Industries Ltd.
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