Delhi High Court Orders Removal Of Phrases ‘Derogatory’ To Surf Excel From Ghadi Detergent’s Ads
The Delhi High Court in an interim order has ordered removal of phrases which are “derogatory” to Surf Excel detergent from the advertisements issued by Ghadi detergent powder.
Vacation judge Justice Prathiba M Singh observed that though comparative advertising by itself could be healthy, remarks that are derogatory and defamatory, would not be permissible.
“…. therefore, as an ad-interim arrangement, this Court is prima facie inclined to direct the Defendant to remove the following phrases which are clearly derogatory and make negative innuendos qua the Plaintiff’s ‘Surf Excel’ product, from the impugned advertisements,” the Court said.
The interim order has been passed in the suit filed by Hindustan Unilever Limited, which manufactures Surf Excel products, against RSPL Limited, alleging that the latter’s advertisements of Ghadi detergent product was disparaging the former’s product i.e. Surf Excel detergent.
It was Surf Excel’s case that the impugned advertisements were four commercials launched by Ghadi detergent through multiple television and digital advertisements which have allegedly targeted, ridiculed, and made unsubstantiated derogatory claims about the HUL’s flagship product ‘Surf Excel’.
It was submitted that the advertisements were targeting ‘Surf Excel’ and were also tarnishing and disparaging the said product by use of various inappropriate and defamatory or disparaging expressions and terminologies.
On the other hand, Ghadi detergent submitted that HUL does not have a monopoly on the word ‘Excel’ as there was a disclaimer on HUL’s trademark registration for the mark ‘Excel’. It was also submitted that HUL’s own packaging was not clear as it did not comprise of just blue but also had various other distinguishing elements in the same.
Reference was also made to other products such as Fena, Ariel, Henko, Ghadi and Wheel using blue packaging.
After hearing the parties, the Court was of the “prima facie opinion” that the manner in which the advertisements themselves flow, the reference that was being made to the competitor’s product by RSPL could be taken to be ‘Surf Excel’.
The Court then directed Ghadi detergent to remove the following phrases from its advertisements- Aapka kare badi badi baatein par dho nahi paate, Iske jhaag acche hai, daam acche hai and Na Na, yeh dhoka hai.
“The Defendant shall carry out the proper amendments in the impugned advertisements by 24th June 2025 and only then telecast/broadcast the impugned commercials,” the Court said.
The Court further issued summons in the suit and directed RSPL to also filed its response on HUL’s interim injunction application within two weeks. The matter will now be heard by the roster bench on July 16.
Counsel for Plaintiff: Mr. Sandeep Sethi, Sr. Adv., Mr. Saikrishna Rajagopal, Sr. Adv. with Mr. Vivek Ayyagari, Mr. Julien George, Mr. Arjun Ghadhoke & Mr. Abhinav Bhalla, Advs
Counsel for Defendant: Mr. C.M. Lall, Sr. Adv. with Ms. Nancy Roy, Ms. Annanya Chug & Mr. Prashant, Advs
Case Title: HINDUSTAN UNILEVER LIMITED v/s RSPL LIMITED
