- (1.) This appeal is directed against an judgment and order dated 5th March, 2010 passed by His Lordship in G.A. No. 614 of 2010 (C.S. No. 43 of 2010) and was pleased to grant an order in terms of prayer (d) of the Notice of Motion till twelve weeks. By the said order the Hon'ble First Court has held that the impugned advertisement is disparaging the Petitioners' product TIDE and has resisted the Appellant from broadcasting the same.
(2.) Being aggrieved, this appeal has been filed. The facts of the case briefly are as follows:
(3.) The Appellant/Defendant, Hindustan Unilever Limited (HUL) manufactures and sells different varieties of detergents, one of which is RIN. The Plaintiffs/Respondents are market leaders in respect of detergents in most countries. The Plaintiffs/Respondents state that washing powder/detergents bearing the mark Tide are sold in several countries through out the world. The said mark TIDE had developed extensive goodwill and reputation throughout the world and is associated with quality products of the Plaintiffs. The Plaintiffs/Respondents to protect their goodwill and reputation of the said mark they applied for and obtained registration thereof in various countries throughout the world.;