Ad Wars: Delhi High Court Sends Parle, Britannia To Mediation, Restrains Re-Publishing Of Print Adverts Against Parle-G

The Delhi High Court has referred Parle Products Private Limited and Britannia Industries to its Mediation and Conciliation Centre for resolution of the dispute over alleged disparaging advertisements of Britannia Milk Bikis against Parle-G biscuits.

Justice Prathiba M. Singh directed that while the settlement is explored between the parties, the two print advertisements of Britannia shall not be re-published.

The court said a perusal of the two print advertisements clearly shows that the use of the terms such as 'G-NAHI', 'Adhura poshan' clearly make a reference to Parle-G biscuits.

"This is also evidenced by the fact that the packaging with which the Defendant's product is compared in the impugned video advertisements is similar to the Plaintiff's Parle-G product. It is noted that the impugned video advertisement is available on YouTube," said the court.

Justice Singh said considering that Britannia is willing to amicably resolve the matter, the parties are referred to the Delhi High Court Mediation and Conciliation Centre. The court appointed Senior Advocate J.P Singh as the mediator.

"In the process of mediation, the changes to be carried out in the impugned video advertisement which is currently accessible online shall also be discussed. Accordingly, a comprehensive settlement mediation shall be undertaken between the parties. In the mediation proceedings, persons who are competent to take decisions shall participate, either physically or virtually," said Justice Singh in the order dated November 22.

Directing the parties to report on the outcome of the mediation by December 14, the court said if the matter is not settled, Britannia may file its reply to the application seeking injunction by December 12.

Parle in the suit against Britannia has sought a permanent injunction against the alleged disparagement and infringement in the video and print advertisements of 'Britannia Milk Bikis' products.

It alleged that Britannia is disparaging the world famous product sold under the mark Parle-G by "publicising derogatory advertisement campaigns through television commercials, online broadcasts as well as through Print media i.e. e-Paper and print Newspaper."

Parle told the court that the impugned advertisements have been made in a manner so as to reflect its product in a bad light by suggesting that the Parle-G biscuits "give adhoora poshan and are sadharan biscuits."

Britannia told the court that the video advertisement was released in 2019 and the two print advertisements are recent. The defendant also told the court that it is willing to explore amicable resolution of the disputes.

Title: PARLE PRODUCTS PRIVATE LIMITED vs BRITANNIA INDUSTRIES LTD

Citation: 2022 LiveLaw (Del) 1126

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