9911796707
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Issues Involved:
1. Disparagement of goods 2. Trademark and copyright infringement 3. Unfair competition 4. Grant of interim injunction Detailed Analysis: 1. Disparagement of Goods: The court examined whether a rival tradesman can carry on an advertisement campaign that disparages or denigrates the products of another. It was established that while a manufacturer is entitled to boast about their products, they cannot disparage or defame the goods of another. The court cited several precedents, including *White v. Melin* and *De Beers Abrasive Products Ltd. v. International General Electric Co.*, which clarified that puffing one's goods is permissible, but denigrating a competitor's goods is actionable. The court concluded that the defendant's commercial, which portrayed the plaintiff's product as outdated and less efficient, constituted disparagement. 2. Trademark and Copyright Infringement: The plaintiff claimed that the defendant's commercial used a three-dimensional reproduction of its pluggy device, violating its rights under the Copyright Act, 1957. The court noted that the original advertisement showed a device deceptively similar to the plaintiff's, which was modified in the new commercial. However, the court found that the slight modifications did not materially alter the disparaging message conveyed, thus constituting a violation of the plaintiff's trademark and copyright. 3. Unfair Competition: The court addressed the issue of unfair competition, noting that the defendant's commercial was intended to convey that the plaintiff's product was outdated and less efficient. The court found that such a campaign was guided by economic considerations and aimed at gaining a larger market share through unfair means. The court emphasized that while comparative advertising is permissible, it should not disparage or denigrate a competitor's product. 4. Grant of Interim Injunction: The plaintiff sought an interim injunction to restrain the defendants from airing the commercial. The court initially granted an ex-parte injunction, which was later modified by the Division Bench to allow the commercial without disparaging the plaintiff's goods. Upon reviewing the modified commercial, the court found that it still conveyed a disparaging message and thus warranted the continuation of the injunction. The court directed that the defendants should not telecast the commercial in its original or modified form pending the suit's disposal. Conclusion: The court concluded that the defendant's commercial disparaged the plaintiff's product, infringed on its trademark and copyright, and constituted unfair competition. The interim injunction restraining the telecast of the commercial was upheld, ensuring that the defendant could not air any version of the advertisement that disparaged the plaintiff's goods. The case was posted for further proceedings, allowing the parties to file additional documents.
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