The Supreme Court of India has upheld the consumer goods company Emami's objections against Moov manufacturer Reckitt Benckiser's advertisement for disparaging Emami's Zandu Balm.
Reckitt aired an advertisement of Moov showing that its product is twice more effective than Emami's brand Zandu Balm. The spot claimed that Moov contained twice the number of active ingredients as compared to Zandu Balm, and was hence, twice as effective and stronger.
Emami challenged the product superiority claim by Reckitt at the Alipore District Court in Kolkata for infringement and disparagement. The Kolkata court issued an order of judicial injunction restraining the defendant from airing the concerned advertisement for the brand Moov with the frames showing Zandu Balm and the words "Jisme hai promukh balm ke mukable do guna jada active ingredients."
Challenging the order, defendant Reckitt Benckiser had moved the Calcutta High Court and filed an appeal against the injunction as given by the lower court. However, confirming the stand as taken by plaintiff Emami, the High Court held up the injunction order as passed by the lower court in view of the fact that the defendant failed to produce any relevant records/reports before the judiciary to support its claim that its brand is twice as effective as Emami's Zandu Balm.
Reckitt took the case to the Supreme Court. On February 8, 2016, the injunction was held up dismissing the appeal of the defendant Reckitt Benckiser holding that there is no ground for interference on the concurrent finding of the lower courts and thus sustaining the judicial injunction against the Moov advertisement.
Reckitt Benckiser has been finally restrained by the Supreme Court from airing the impugned advertisement of Moov pain ointment.