Bombay HC Restrains Amul From broadcasting TV Ads expressing opinion on Kwality Walls ice cream

The Bombay High Court has restrained Gujarat Co-operative Milk Marketing Federation Ltd, which markets ice cream under brand name Amul, from broadcasting two television advertisements as they were disparaging towards plaintiffs product, Kwality Walls. Court Observed as follows :-

Even if there is no direct reference to the product of the plaintiff and only a reference is made to the entire class of products in its generic sense, even in those circumstances, disparagement is possible.

I once again clarify that it is not only because of the words ‘Vanaspati’ and ‘Vanaspati tel’ being used in the impugned TVCs, that this Court has come to the conclusion that Defendant No. 1 is guilty of disparaging the entire category of Frozen desserts which includes the products manufactured by the Plaintiff under the said category, but the Court has reached the said conclusion after considering the content, intent, manner and storyline of the impugned TVCs, which seen as a whole convey a false, untruthful, malicious and negative message that frozen desserts which includes the products manufactured by the Plaintiff under the said category, but the Court has reached the said conclusion after considering the content, intent, manner and storyline of the impugned TVCs, which seen as a whole convey a false, untruthful, malicious and negative message that frozen desserts contain vanaspati (which is perceived as unhealthy) are not pure, are inferior to ice creams, not meant to be given to children, is not the right choice and should not be purchased.”.