Nestle moves HC against HUL for using its tagline
Nestle India Ltd also seeks a compensation of Rs 25 lakh for the damages done by HUL by carrying the ad campaign.business Updated: Apr 06, 2008 18:26 IST
FMCG major Nestle India Ltd has approached the Delhi High Court seeking to restrain rival Hindustan Unilever Ltd from using allegedly similar advertising slogan for its product.
The lawsuit filed through advocate Pratibha M Singh submitted that HUL is using the tagline 'Jitna Tasty Utna Healthy' for selling and marketing its Knorr soup which is an imitation of its tagline 'Taste Bhi Health Bhi'.
Nestle has also sought a compensation of Rs 25 lakh for the damages done by HUL by carrying the ad campaign. Alleging that HUL has plagiarised entire campaign to promote its own products, Nestle's counsel contended that the advertising campaign by its rival has been done deliberately, consciously and with dishonest intentions to encash upon its tagline 'Taste Bhi Health Bhi'.
Nestle contended that it has got copyright and trademark with respect to the tagline, which was created by it in 2004 in connection with the 'Maggi' brand.
The reputation that the tagline has earned over the last three years has been hijacked by HUL only to promote its own product by creating confusion in the minds of the public and consumers, Nestle contended.
The company further submitted that it came to know last November that HUL has started imitating the various distinctive and key characteristic features of its slogan campaign. It wrote to its rival company but did not get any reply and hence approached the court, Nestle said.
After hearing the contentions of Nestle's counsel, Justice S N Dhingra sought response from HUL within three weeks and rejoinder to be filed by Nestle in a week thereafter.