Court says, prima facie, the “reworked” version appears to have no perceptible difference in impact from the original advertisement; hearing on contempt and injunction pleas to continue.
The Delhi High Court has temporarily restrained Visage Lines Personal Care Private Limited from running its revised advertisement in an ongoing commercial disparagement dispute filed by Gillette India Limited.
Justice A.J. Bhambhani passed the interim order while hearing an application filed by Gillette under Order XXXIX Rule 2-A read with Section 151 of the Code of Civil Procedure, 1908, alleging violation of undertakings earlier given by the defendant. According to the plaintiff, despite assuring the court that it would take down the original advertisement that was the subject matter of the suit, the defendant circulated a “revised” version carrying essentially the same offending content.
Senior counsel for Gillette argued that the revised advertisement was only a repackaged form of the original and continued to convey the same disparaging message against the plaintiff. On the other hand, the defendant contended that the new advertisement was a reworked version, had removed the objectionable portions, and was not disparaging in law.
After hearing both sides, the court issued notice in the contempt application and granted the defendant time to file a reply. The court also directed that Gillette’s interim injunction application be heard along with the contempt plea, with replies and rejoinders to both applications to be filed before the next date.
Significantly, the court observed that, on a first-blush viewing of the revised advertisement, there appeared to be no perceptible difference in its impact when compared with the original advertisement. In view of that prima facie assessment, the court ordered that the defendant shall not run the revised advertisement until the next date of hearing.
The matter has been listed for further hearing on 5 October 2026, while the date fixed before the learned Joint Registrar, 7 October 2026, remains unchanged.
Bottom Line :
Interim injunction in commercial disparagement action - On prima facie view, revised advertisement found to have no perceptible difference in impact from original advertisement complained of - Pending hearing of contempt and injunction applications, defendant restrained from running revised advertisement till next date.
Statutory provision(s): Order XXXIX Rule 2-A, Section 151, Code of Civil Procedure, 1908
