
Delhi High Court in Reckitt Benckiser v. Wipro Enterprises held while deciding an application under Order XXXIX Rule 1 and 2 of Civil Procedure Code, 1908 regarding a television advertisement featuring a bottle resembling Dettol hand wash, which promotes the moisturizing properties of the Santoor’s product.
The Hon’ble Justice C. Hari Shankar after considering all the aspects held that comparative advertisement is protected under Art. 19 (1) (A) as commercial speech. The principle of puffery applies in cases of comparative advertising, where the overall impact of the commercial should be to promote one’s own product rather than disparaging the competitor’s product unfavourable comparisons can be made as long as they do not interfere with the storyline or message conveyed by the commercial.