P&G had moved HC alleging infringement of trademark by HUL.
Hindustan Unilever Ltd (HUL) has appealed against the Calcutta High Court's interim injunction, which restrained it from airing a particular commercial for its washing soap/powder, Rin.
The appeal, made yesterday, was against an HC order of March 5, following a suit by rival Procter & Gamble (P&G), which had moved the court on March 3, alleging disparagement and infringement of trademark and copyright by HUL. P&G had also claimed Rs 100 crore in damages.
HUL's Rin ad had compared it to P&G's Tide Naturals on ‘superior whiteness’. The ad voice-over stated: Tide se kahin behatar safedi de Rin (Rin gives much better whiteness than Tide).
In the March 5 order, the HC had dismissed the issue concerning both trademark and copyright infrigement by P&G trademark as “vague”. The court also held the claim for damages by P&G did not merit any order, since no economic injury was alleged by it. But, it granted a restraint on the issue pertaining to disparagement.
Meanwhile, in the High Court at Chennai, a case disputing use of the word ‘natural’ in P&G's Tide Naturals, filed by HUL on February 25, was adjourned to March 22. The matter had come up for hearing today after March 5, when the court had directed P&G to prominently display a disclaimer — ‘It does not contain lemon and chandan’ — in the commercial for Tide Naturals.
