The Delhi High Court has rejected the petition of Dabur, manufacturer of mosquito repellent Odomos, to restrain the advertisement of its rival brand Good Knight of Godrej Sara Lee.
A division bench, comprising Justices M B Lokur and Mukta Gupta, held that there was no need to interfere with the order passed by the single member bench, which had declined to restrain Godrej Sara Lee from running the TV commercial.
"We are of the opinion that there is no merit in the appeal. There is no occasion to interfere with the impugned order passed by the single judge," the division bench said.
Earlier, a single member bench of Justice Rajiv Shakdher had in December 2009 had cleared the TV commercial of Good Knight natural mosquito repellent cream.
It did not agreed with Dabur's allegation that Good Knight had wrongly compared its product with Odomos and claimed that other mosquito repellent creams in the market are causing rashes and allergy as they are not skin friendly.
In the TV commercial Godrej Sara Lee had claimed that its Good Knight natural mosquito repellent cream was based on natural ingredients, hence it was safe. Dabur contended that the commercial was a "malicious falsehood".
Rejecting it, the division bench said, "the commercial does not suggest that particular mosquito repellent cream or all mosquito repellent creams cause rashes and allergy."
"They (Godrej) are only suggesting that since their product contains tulsi, lavender and milk protein, such apprehensions are greatly reduced or that they should not reasonably exit," the court further said.