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Delhi HC temporarily restrains Britannia from republishing ‘disparaging’ print ads against Parle G, refers parties to mediation

Parle Products Private Limited had moved Delhi High Court seeking a ‘permanent injunction’ against the alleged 'disparaging and infringing' advertisements of Britannia Milk Bikis biscuits.

delhi high court, delhi child adoption news, malta couple child adoption news, indian expressWith respect to the video advertisement on YouTube, the high court noted that the packaging of the product with which Britannia Milk Bikis is compared in the video advertisements is similar to the plaintiff’s Parle-G. (File)

The Delhi High Court referred popular biscuit producers Parle Products Private Limited and Britannia Industries to mediation, temporarily restraining the latter from republishing two alleged “disparaging” print ads against Parle-G until the parties reached a settlement.

A single judge bench of Justice Prathiba Singh perused the print ads of Britannia Milk Bikis and observed on November 22 that the ads showed that the use of the terms such as ‘G NAHI’, ‘Adhura poshan’ (poor nutrition) etc. “clearly make a reference to the Parle-G’s biscuits”.

Parle had moved the Delhi High Court seeking a “permanent injunction” against the alleged “disparaging and infringing” advertisements of Britannia Milk Bikis biscuits.

Parle alleged that Britannia is disparaging its “world famous biscuits product sold under the mark Parle-G” by publicising derogatory advertising campaigns through TV commercials, online broadcasts and print media. The disparaging advertisements include two print advertisements and one video advertisement.

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With respect to the video advertisement on YouTube, the high court noted that the packaging of the product with which Britannia Milk Bikis is compared in the video advertisements is similar to the plaintiff’s Parle-G. The high court thereafter restrained Britannia from republishing the two print advertisements while parties explored a settlement.

Drawing the court’s attention to the advertisements, Parle submitted that the said advertisements are “made in a manner so as to reflect” Parle-G biscuits in a “bad light by suggesting that Parle-G biscuits give adhoora poshan and are sadharan (ordinary) biscuits”.

Parle further argued that the use of the letter ‘G’ in the print advertisements and the use of similar-looking packaging of the product with which Britannia Milk Bikis is being compared to in the video advertisement leaves no manner of doubt that the comparison is being made with the Parle-G biscuits.

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Britannia told the court that the video advertisement had been released in 2019 and the two print advertisements are of recent origin. They further said that they were willing to explore amicable resolution of the disputes.

Noting this, the high court referred the parties to the Delhi High Court Mediation and Conciliation Centre appointing senior advocate J P Sengh as the mediator.

The high court further directed that during the mediation, changes to be carried out in the video advertisement “which is currently accessible online shall also be discussed”. “Accordingly, a comprehensive settlement mediation shall be undertaken between the parties,” it was ordered.

First published on: 29-11-2022 at 10:42 IST
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