Colortek’s Advertisement Found Not Disparaging- Delhi High Court.

In Dabur India Ltd (Appellant) v Colortek Meghalaya Pvt.Ltd & Anr (Respondents) the question before the Delhi High Court was whether the advertisement/commercial broadcast by Colortek disparaged the product of Dabur. Both Dabur and Colortek manufacture, among other things, a mosquito repellant cream under their respective brand names "Odomos and Odomos Naturals" and "Good Knight Naturals".

It was contended by Dabur that its product Odomos enjoys over 80% of the market share all over India and in some parts of the country it even enjoys a 100% market share,. It was further contended that even though Colortek's commercial did not make a direct or overt reference to Dabur's product , it could be easily concluded that since Dabur's product enjoys a huge market share, Colortek's commercial is therefore unquestionably targeting it. Based on these facts, Dabur preffered an Injunction Application, seeking to restrain Colortek from broadcasting the advertisement. A Single