Manini Kaur, Amity University, Noida
INTRODUCTION
Advertising increased dramatically with the introduction of electronic media, especially television a few decades ago. Competition has arisen as a result of an increase in private channels and marketing spending, leading to problems like disparagement, trade libel, product slander, malicious lie, etc. "Disparagement" is defined by the Black 'Law Dictionary as a false or harmful statement that damages or harms the reputation of another's property, product, or business.
On October 8, 2009, an advertisement for Good Knight Natural Cream that aired on Zee News Channel became the center of the case. The substantial market share (84–86%) of Dabur India's mosquito repellent cream was cited as the justification for the targeting of their product in the Good Knight advertisement. Dabur India further argued that an injunction should be issued since the advertisement for Good Knight Natural Cream disparaged Dabur's product, Odomos, by indicating that it resulted in rashes and allergies. The argument was backed by the statement that an injunction must be issued even in circumstances of "overt" and "covert" disparagement, generic disparagement, or class-wide defamation of goods.
Colortek Meghalaya Pvt. Ltd responded to this claim made by Dabur India by requesting dismissal on a number of reasons, including the absence of a cause of action and the significant research that went into creating Good Knight Naturals, which reduced allergies or rashes. In response to Dabur India's allegations, the counsel for Colortek Meghalaya emphasized that in a case of disparagement, a clear desire to cause injury must be proven, followed by the harm that the alleged slanderous action created.
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