Comparative Advertisement- Legal Spotlight On In-Mail Advertisement

Introduction

Beierdorf AG (hereinafter Plaintiff), filed a suit against Hindustan Unilever Limited (hereinafter Defendant) alleging dishonest conduct due to usage of signature elements of 'NIVEA' products. The Plaintiff sought to restrain the Defendant on trademark infringement, unfair trade practices, disparagement, dilution, and damages.

On April 9, 2024, a single judge of the Hon'ble Delhi High Court ordered the Defendant to refrain from conducting any in-mall marketing campaigns or advertisements that compare its products, especially those under the "PONDS" trademark, to "NIVEA" products. The Court held that such comparisons, whether explicit or implicit, are misleading and disparaging. It emphasizes that while comparisons are allowed, they must be based on factual information and presented in a non-misleading manner without disparaging a competitor's products.