Trilegal advised Wipro in a suit before the Bombay High Court seeking an injunction against an advertisement campaign by USV Limited. The advertisement compared Wipro’s product ‘Santoor’ with USV’s product ‘Sebamed’ in a manner that was disparaging of Santoor. On 16 June 2022, a single judge bench of the Bombay High Court granted an interim injunction against the continuation of the advertisement campaign pending the disposal of the suit. This interim order was challenged by USV before a Division Bench of the Bombay High Court. On 13 July 2022, the Division Bench dismissed the appeal filed by USV and upheld the interim order in favour of Wipro.
The matter involved legal complexities on how serious comparison in advertisements based on unfair determinants denigrate the reputation and goodwill of a product that is unfairly compared. While judicial precedents state that comparative advertisements are prima facie permitted, the fine line of commercial free speech under Article 19(1)(a) and disparagement of a product was a matter of dispute. The law on this issue, while dealt with in multiple of decisions of various high courts, is not fully crystalised.
The matter was led by our Partners Nitesh Jain, Tine Abraham, and Siddharth Ranade. Other attorneys who supported the deal were Ritika Ajitsaria, Senior Associate, and Kaazvin Kapadia, Associate.
Media Coverage:
For more information, please contact:
Sahil Wason | Mob: +91-8928008122 | BD@trilegal.com
This page contains general information regarding Trilegal and is not intended as a solicitation or an advertisement of its services or any invitation or inducement of any sort. Nothing contained in this website constitutes legal advice or creation of a lawyer-client relationship. If you have any issues, you must seek legal advice. Trilegal is not liable for the consequences of any action taken by relying on the material/information provided on this website. For more information, please read our terms of use and our privacy policy.