Disparagement

Philips India Pvt. Ltd. v. Shree Sant Kripa Appliances Pvt. Ltd.

Philips India Pvt. Ltd. v. Shree Sant Kripa Appliances Pvt. Ltd.;

19.01.2015 (Delhi High Court)

Plaintiff was manufacturer of CFLs having a 30% share in the market. Defendant launched an advertising campaign showing advantages of LEDs over CFLs.

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The Plaintiff filed a suit for false, misleading and disparaging representations.

The Hon’ble Court relied on Dabur India Ltd. v. Colortek Meghalaya Pvt. Ltd.(Division Bench) to hold that in cases of disparagement it is necessary to establish malicious intention and special damage.

In the present case, Court found no malicious intention or special damages.

As per the Court, No prima facie ingredients of disparagement had been established by the Plaintiff.

Interim Injunction was denied.

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