Bombay High Court Restrains Apollo Tyres From Airing Advertisement Ridiculing CEAT Tyres
The Bombay High Court recently passed an ex-parte order restraining the Apollo Tyres from airing an advertisement, wherein the company 'ridiculed and disparaged' CEAT Tyres.Single-judge Justice Riyaz Chagla in an order passed on September 12, restrained Apollo Tyres from airing a Visual Commercial (VC) which showed CEAT Tyres in a bad light."Prima facie, it appears that the Plaintiff is the...
The Bombay High Court recently passed an ex-parte order restraining the Apollo Tyres from airing an advertisement, wherein the company 'ridiculed and disparaged' CEAT Tyres.
Single-judge Justice Riyaz Chagla in an order passed on September 12, restrained Apollo Tyres from airing a Visual Commercial (VC) which showed CEAT Tyres in a bad light.
"Prima facie, it appears that the Plaintiff is the owner of the unique and distinctive tread pattern of its CROSSDRIVE AT tyre and that it has acquired goodwill and reputation in respect thereof. Upon seeing the impugned advertisement and the story board, prima facie, I am of the considered opinion that the Impugned Advertisement does in fact unfairly seeks to compare the Plaintiff's worn out tyre with the Defendant's brand new tyre and the basic premise of the impugned advertisement is to denigrate and slander the Plaintiff's said CROSSDRIVE AT tyre," the judge said in the order.
Further the court found that the VC was 'prima facie' denigrated and disparaged CEAT's product.
"In these circumstances, I am satisfied that the Plaintiff has made out a strong prima facie case for the grant of ad-interim reliefs. The balance of convenience is in favour of the Plaintiff. Unless reliefs as prayed for are granted, the Plaintiff will suffer irreparable harm / injury which cannot be compensated in terms of money. The Defendant is not present despite notice. There are no equities in favour of the Defendant. In the circumstances, there shall be ad-interim relief against the Defendant," the judge held.
According to CEAT, it has designed new and original surfaced patterns for different types and sizes of its tyres, over the years. to ensure durability, smooth ride and secure grip on the roads. It stated that in and around the year 2020, it developed a new tyre tread design in respect of its All Terrain (AT) tyres, for use in motor vehicles and named it CROSSDRIVE AT. It stated that CEAT has been using its CROSSDRIVE AT tyre since May 2022.
On September 4, 2024, the CEAT company came across a VC uploaded by the Apollo on its YouTube channel, advertising its Apollo Apterra AT2 tyre used in relation to Mahindra THAR, a sports utility vehicle. In the said VC, the plaintiff contended, the defendant has 'unfairly' shown the Plaintiff's CROSSDRIVE AT tyre depicting it to be worn out while 'cleverly blurring' its (Plaintiff's) trade mark CEAT embossed therein.
The VC, the plaintiff added, further showed the fact that the defendant has compared the 'worn out CEAT tyre' to a fresh and brand new Apollo Apterra AT2 tyre. It stated that from the advertisement campaigns undertaken by the Defendant on various online platforms, viz. YouTube, X, Instagram, LinkedIn, Facebook, a message is sought to be conveyed to the purchasers that the Plaintiff's CEAT all terrain tyres are of inferior and sub-standard quality; are inferior to the Defendant's Apollo Apterra AT2 tyre and are to be discarded. It argued that the Plaintiff's CEAT all terrain tyres have been rubbished and made to show in poor light in the said advertisement.
While restraining the defendants from broadcasting its VC, the judge adjourned the matter for detailed hearing on October 11.
Appearance:
Senior Counsel Virag Tulzapurkar along with Advocates Hiren Kamod, Vinod Bhagat, Prachi Shah and VA Bhagat appeared for the Plaintiff.
Case Title: Ceat Limited vs Apollo Tyres (COM IPR SUIT (L) NO.28069 OF 2024)