 "Delhi HC seeks Patanjali stand on lawsuit by Dabur over 'disparaging' ad")
The Delhi High Court has sought Patanjali Ayurved's stand on a lawsuit by Dabur over advertisements allegedly disparaging its product Chyawanprash.
On December 24, Justice Mini Pushkarna issued summons on the lawsuit to the defendants -- Patanjali Ayurved and Patanjali Foods Ltd -- for a reply in the matter.
"Accordingly, let the plaint be registered as suit. Issue summons.. Let the written statement be filed by the defendants within thirty days from today," the order said.
Dabur alleged that while promoting Patanjali Special Chyawanprash, fallacious and deliberate imputations were made, which defamed its product Dabur Chyawanprash -- a market leader with a share of more than 60 per cent.
The court also issued notice on an application seeking an interim relief and posted the hearing on January 30.
The plea said in the advertisements, the defendants have claimed only Patanjali Special Chyawanprash was the "original" and therefore "special" besides being "shreshtham/sarv-shreshth" or the best Chyawanprash, made according to the "charak, sushrut, dhanwantari, chyawan sage tradition" and other manufacturers had no such knowledge and were therefore ordinary.
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"In essence, the defendants make a brazen claim in the impugned TVC and in the impugned print ad that only the Ayurvedic book used by the defendants is the 'original method' or formulae to make Chyawanprash, thereby rubbishing other Ayurvedic books 'stipulated' in the first schedule of the D&C Act (Drugs and Cosmetics)," the lawsuit said.
The plea therefore sought a permanent injunction to restrain the defendants from televising the advertisements or in any other manner disparaging the plaintiff's goodwill and reputation apart from its product "Chyawanprash - Dabur Chyawanprash".