- (1.) The Court :-The appellant manufactures ultra marine indigo (neel) both in liquid and powder form under the trade name of Robin Blue (referred to as the product). The product is used for whitening fabric. The respondent No. 1 also sells a whitening agent which is an "insta violate concentrate" under the trade name 'Ujala'. The respondent No.2 is the respondent No. 1's advertising agency.
(2.) This is the third round in a tussle between the respondent No.1 and the appellant with regard to the advertisements issued by the respondent No.1 to promote its product. The first was in respect of a printed advertisement which was in Bengali. The Advertisement gave reasons why neel should never be used. This advertisement was the subject matter of a suit in this court. An exparte interim order was passed restraining the publication of the advertisement. This was confirmed after the filing of affidavits on 24th March, 1998. According to the respondent No.1, pursuant to this order that particular advertisement was not being published in the earlier manner. According to the appellant even in its present form the advertisement continued to disparage the appellant's product.
(3.) The second round was in respect of a television commercial which also, according to the appellant, denigrated its product. The appellant filed a compliant under section 36B of the Monopolies and Restrictive Trade Practices Act, 1969 (referred to as the Act) before the MRTP Commission, New Delhi.The Commission initially granted an exparte order of injunction restraining the publication of the offending advertisement. This was vacated after the filing of statements and hearing the parties. An appeal was preferred before the Supreme Court under section 55 of the Act which was dismissed summarily.;