The Delhi High Court directed RSPL, manufacturer of Ghadi detergent, to remove derogatory phrases targeting competitor Surf Excel from its television and digital advertisements.
As per media reports, the order was passed by Justice Prathiba M Singh on a suit filed by Hindustan Unilever (HUL/plaintiff), the manufacturer of Surf Excel.
“That it is permissible for an advertiser to undertake an advertising campaign to promote its own product so long as the same is not deliberately tarnishing or defaming the competitor’s product,” the Court ruled, as per media reports. The judgment emphasised that while puffing up is permissible, defamation and tarnishing is not.
The Court directed RSPL to modify its advertisement by June 24 before continuing its broadcast. “The Defendant (RSPL) shall carry out the proper amendments in the impugned advertisements by 24th June 2025 and only then telecast/broadcast the impugned commercials,” the Court ordered.
The order requires removal of three specific phrases that the Court found to be clearly derogatory towards the Surf Excel brand. “Aapka kare badi badi baatein par dho nahi paate” (Your product makes tall claims but cannot wash). Expressions such as ‘Na Na, yeh dhoka hai’ and ‘Aapka kare badi badi baatein, dho nahi patey’ are used in respect of the plaintiff’s product, the Court said. “Iske jhaag acche hai, daam acche hai” (Its foam is good, price is good).
The Court found that it clearly referred to the plaintiff’s product prima facie and appeared to be derived from the ‘Daag ache hai’ campaign of the plaintiff. “Na Na, yeh dhoka hai” (No, No, this is a fraud).
Hindustan Unilever filed the suit seeking an injunction against RSPL after issuing a cease-and-desist notice on June 7, which RSPL declined to accept. The case concerned four advertisements launched by RSPL in early June 2025 promoting its Ghadi detergent, featuring prominent actor Ravi Kishan.
Hindustan Unilever contended that it reports annual turnover of approximately Rs 11,000 crore for its Surf-branded products and has marketed Surf Excel since 1996 in distinctive blue packaging, as per media reports.
Hindustan Unilever’s legal team argued that three elements in the advertisements specifically target Surf Excel – use of light blue and dark blue packaging, the term ‘XL Blue’, and phrases referencing HUL’s ‘Daag Acche Hai’ campaign slogan.
RSPL contended that Hindustan Unilever lacks exclusive rights to blue packaging and the term ‘Excel’, and that multiple detergent brands use similar colours and that HUL’s trademark registration contains disclaimers.
The Court applied established principles governing comparative advertising and said that while companies may promote their products, they cannot deliberately defame competitors.
The case will be heard next on July 16, 2025. HUL was represented by Senior Advocate Sandeep Sethi with advocates Saikrishna Rajagopal, Vivek Ayyagari, Julien George, Arjun Ghadhoke and Abhinav Bhalla from Saikrishna and Associates. RSPL was represented by Senior Advocate Chander M Lall with advocates Nancy Roy, Annanya Chug and Prashant from Lall and Sethi.
