Delhi High Court rules Emami cream advert does not slander Unilever product

By

Isabelle Crossley

Published
Apr 4, 2019

The Delhi High Court ruled that Emami’s recent advert for its Fair and Handsome skin lightening cream does not slander Hindustan Unilever’s similar product, Fair and Lovely. 

The Fair and Handsome advert makes fun of a man using a “ladies cream” which Hindustan Unilever interpreted as a reference to its own product as the disparaged cream was pink and white, as is the Fair and Lovely packaging.

As a result, Hindustan Unilever petitioned the court to for it to stop Emami from broadcasting its new advert.

However, the court has now ruled that Hindustan Unilever was being “over-sensitive."

"I conclude that there is no merit in the contention of the senior counsel for the plaintiff,” said Justice Jayant Nath, as reported by the Press Trust of India. “In my opinion, overall the commercial advertisement does not leave an impression that in any manner disparages the product of the plaintiff. It cannot prima facie be concluded that the said TV commercial seeks to slander the goods of the plaintiff."

Hindustan Unilever’s interim application was filed in a pending case by Hindustan Unilever that accused the fast moving consumer goods business Emami of disparagement, trademark infringement, and unfair trade practices. The main case will be heard on July 11. 

"In these facts and circumstances, the plaintiff now cannot complain about the TV commercial. The contentions of the plaintiff prima facie have no merits," said the court. The judge also mentioned that the cream shown in the Fair and Handsome advert did not resemble Hindustan Unilever’s Fair and Lovely cream. Emami has now changed the product packaging to white.