The Hindu Business Line : Calcutta HC dismisses Heinz plea against Glaxo

A division bench of Calcutta High Court, comprising Mr S.S. Nijjar and Mr Justice B. Somaddar, dismissed the appeal of Heinz India Pvt Ltd (HIL) against Glaxo Smithkline Consumer Healthcare Ltd (Glaxo). HIL had filed the appeal challenging the order of a trial Court passed on October 27, 2006, under which a perpetual injunction had been issued preventing the publication of any advertisement containing any comparison with Brand ‘H’ of any brand referring to Horlicks directly or indirectly.

In the TV advertisement, HIL had projected two cups, one marked Brand H and the other Complan, declaring that Complan had 100 per cent more milk protein than Brand ‘H’, extra growing-power and an enjoyable taste. Horlicks made a market survey and gathered the opinion of viewers who stated that the advertisement projected the view that Complan had more potential than Horlicks.

HIL submitted that the law allowed such comparison between competitor products.

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