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Horlicks upset by Complan attack

03-September-2004
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Horlicks upset by Complan attack

Glaxo Smithkline Consumer Healthcare Ltd, producer of “Horlicks”, has moved Calcutta High Court against the producer of “Complan”, Heinz India Pvt Ltd, for telecasting an advertisement allegedly slandering Horlicks.

Justice S K Mukherjee will pass order on Friday.

Glaxo in its petition sought an order of appointment of Receiver to take possession of entire master copy of advertising materials.

It also prayed for order of injunction restraining Heinz and all television channels from telecasting the advertisement reflecting adversely on the product “Horlicks” in any manner.

Anidya Mitra and Sabyasachi Sen, counsel for Glaxo, argued a series of advertisement being telecast by the Heinz showing Horlicks has no growing power where Complan has full growing power. The counsel said this was a false impression sought to creates through the advertisement.

It was alleged the advertisement was made in a most disparaging fashion causing a lose to the Horlicks.

It was alleged the advertisement showed Horlicks in a thinly disguised manner and by reason of this advertisement, the reputation of Horlicks was being lowered in the eye of public.

S B Mookherjee and Amit Basu, counsel for Heinz, opposed the petition of injunction on the ground that no cause of action of the case was taken in Calcutta so the High Court had no jurisdiction to interfere with the advertisement.

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