In what could be termed as a victory for home grown FMCG player Emami, the Kolkata Civil Court has restrained Hindustan Unilever (HUL) from running a campaign using the word "Boro" in its advertisement for Vaseline.
"Honourable City Civil Court, Kolkata, has passed an order of injunction barring HUL from going ahead with its presently publicised Vaseline advertisement till further orders," Emami said in a statement.
HUL confirmed the order but said, "This is an ex-parte order that has been obtained by Emami without giving due notice to us. This is a deviation from the standard practice of providing due notice and is in fact, in contrast to the approach taken by HUL in a similar case."
HUL claimed it had given due notice before filing a case recently against Emami for its advertisement for a Talcum Powder brand.
According to the civil court order passed on November 7, 2009, HUL cannot run the advertisement either in print or in any audio-visual medium, irrespective of languages.
"Emami has contended that the Vaseline advertisement categorically and unequivocally disparage Boro Plus, through wrong claims," the Emami statement said.
HUL meanwhile claimed the term 'Boro' is not a trademark and that it is a term generic to various skin creams in the market.
