The Supreme Court has dismissed the appeal filed by Reckitt- Benckiser which challenged a judicial injunction brought by Emami Limited against an advertisement of the pain ointment Moov manufactured by the former.
Reckitt, the manufacturer of Moov aired an advertisement showing that their product is twice more effective than Emami’s brand Zandu Balm. It was further claimed that Moov contained twice the number of active ingredients when compared to Zandu Balm and hence it is twice effective and stronger.
Emami challenged the product superiority claim by Reckitt made in the said advertisement at the Alipore District Court in Kolkata for infringement and disparagement. The Kolkata court issued an order of judicial injunction restraining the defendant from airing the concerned advertisement for the brand Moov.
On 8th February, 2016, the appeal was listed for final disposal in front of the Supreme Court in which the said injunction has again been held up dismissing the appeal of the defendant Reckitt Benckiser holding that there is no ground for interference on the concurrent finding of the lower courts and thus sustaining the judicial injunction against the Moov advertisement.
Reckitt Benckiser, the defendant has been finally restrained by the Supreme Court from airing the impugned advertisement of Moov pain ointment thus upholding Emami’s objection to the false claim about product superiority.