Marico Limited V. Dabur India Limited

Marico sought to restrain Dabur from circulating a print and a WhatsApp ad of its ‘Dabur Amla’ hair oil, it claimed was disparaging. The Court held that the print ads, which warned a consumer against using a cheaper/inferior product, devoid of any direct reference to Marico’s product, would amount to puffery and not disparagement.

However, relying on Puro Wellness Pvt. Ltd. v. Tata Chemicals Ltd., the Court clarified that distinct elements of the WhatsApp message cannot be conflated as constituting a single ‘campaign’ and must be examined separately. Accordingly, Dabur was restrained from circulating the WhatsApp ads which show that the print ad is directed at Marico’s product.