2017-TIOLCORP-35-HC-MUM-MISC
Hindustan Unilever Ltd Vs Gujarat Co-Operative Milk Marketing Federation
Whether when an entire class of products is disparaged, can a market leader in that category of products or manufacturer thereof file a suit against such disparagement - YES : HC
Whether disparagement is possible even when there is no direct reference to a particular product and only a reference is made to the entire class of products in its generic sense - YES: HC
Whether an advertisement allegedly disparaging the products of the rival company can be allowed after making change therein where the change is so insignificant that the viewers would not notice the same and those who had seen the original advertisement would be bound to recall the same in their memory - NO: HC
Whether a manufacturer can place misleading information before the consumers qua the product of his rivals and thereby disparage such product in the garb of educating and/or bringing the correct facts before the members of the public - NO : HC
Whether legal requirements of a personal defamation case and that of malicious falsehood and slander of goods are distinct and different - YES :HC
- Case allowed: BOMBAY HIGH COURT
