Disparaged or Not? Dabur v. Colortek Clarifies the Difference

The advent of electronic media, particularly television a few decades ago, brought along with it a boom in advertising. With a rising number of private channels and increasing marketing budgets competition has come about, giving rise to issues such as disparagement, trade libel, slander of goods, malicious falsehood etc. Black 'Law Dictionary defines "disparagement" as a false or injurious statement that discredits or detracts from the reputation of another's property, product or business.

In the recent case of Dabur India Ltd vs Colortek Meghlaya Ltd 2010 (42) PTC 88 (Del.), Dabur India Ltd. filed for an injunction vide Order 39 Rules 1 & 2 of the Civil Procedure Code, 1908 in respect of telecast of Good Knight advertisement alleging that it disparages the advertisement for Odomos cream.