38.6c New Delhi, India, Saturday, August 02, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Business

Advertisement Is A Facet Of Commercial Speech Protected By Article 19(1)(a): Delhi HC [Read Judgment]

By LawStreet News Network      19 December, 2018 12:00 AM      0 Comments
Advertisement Is A Facet Of Commercial Speech Protected By Article 19(1)(a): Delhi HC [Read Judgment]

The Delhi High Court on December 17, 2018, in the case of Horlicks Ltd. & Anr. v. Heinz India Pvt. Ltd. has held that advertisement is a facet of commercial speech which is protected by Article 19(1)(a) of the Constitution of India and the same can be restricted only in accordance with law enacted under Article 19(2) of the Constitution.

The matter came before Justice Manmohan in a suit filed by Horlicks Ltd. against Heinz India Pvt. Ltd. The plaintiff company sought to restrain Heinz India from publishing its advertisement for its health-drink product, Complan, which allegedly disparaged the goodwill and reputation of the plaintiff company and its products sold under the trademark Horlicks.

The impugned advertisement, published in a newspaper, had compared one cup of Complan with two cups of Horlicks. It had a disclaimer at the bottom of the page, which stated that One cup of Complan (33g) gives 5.94g of protein while two cups of Horlicks (27*2=54g) gives 5.94g of protein basis recommended pack dosage.

Senior Advocate Chander M. Lall appearing for the plaintiff contended that the impugned advertisement wrongly stated that the amount of protein in the defendant's product was double the amount of protein in the plaintiffs' product. He stated that the serving size of Complan had been manipulated to have double the protein of Horlicks.

Further, it was also argued that the impugned advertisement wrongly showed a direct correlation between the amount of protein consumed and growth in a child. By overemphasizing the benefits of protein alone, the defendant was trying to misguide consumers into believing that consumption of the defendants product directly leads to growth.

The court, however, rejected the contentions put forth by the plaintiff and held that the impugned advertisement is not misleading and there is no denigration or disparagement of the plaintiffs mark.

Taking into consideration the objective of Sections 29(8) and 30(1) of the Trade Marks Act, 1999, which allows comparative advertising as long as the use of a competitors mark is honest, the court said that in the present case, there is no detriment to the distinctive character of the plaintiffs' mark, as there exists a clear distinction between the plaintiffs and defendant's product. HORLICKS remains the source indicator of plaintiffs' product. In the opinion of this Court, plaintiffs cannot prevent use of their trademark for the purpose of identification of their product.

Further, the court also opined that that advertisement is a facet of commercial speech which is protected by Article 19(1)(a) of the Constitution. The same can be restricted only in accordance with law enacted under Article 19(2) of the Constitution. In a democratic country, free flow of commercial information is indispensable and the public has a right to receive the commercial speech. In fact, the protection given to an advertisement under Article 19(1)(a) of the Constitution is a necessary concomitant of the right of the public to receive the information in the advertisement, the court said.

The court thus dismissed the application holding that the impugned advertisement is not misleading and there is no denigration or disparagement of plaintiffs mark. Further, the factor compared is material, relevant, verifiable and representative feature.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM
sc-recalls-may-2-judgment-scrapping-jsw-steels-resolution-plan-for-bhushan-power-and-steel-ltd
Trending Business
SC recalls May 2 judgment scrapping JSW Steel's resolution plan for Bhushan Power and Steel Ltd

SC recalls its May 2 verdict cancelling JSW Steel’s ₹19,300 Cr resolution plan for Bhushan Power; matter to be heard afresh on August 7.

01 August, 2025 11:13 AM

TOP STORIES

sc-questions-justice-varma-over-failure-to-challenge-validity-of-in-house-inquiry-panel
Trending Judiciary
SC questions Justice Varma over failure to challenge validity of in-house inquiry panel

SC questions Justice Varma for not challenging in-house probe panel earlier despite cash haul case; asks why he joined inquiry if he found it flawed.

28 July, 2025 02:27 PM
timelines-for-governor-prez-to-clear-bills-kerala-asks-sc-to-return-presidential-reference-unanswered
Trending Executive
Timelines for Governor, Prez to clear Bills: Kerala asks SC to return presidential reference "unanswered"

Kerala urges SC to return Presidential reference on bill clearance timelines as “unmaintainable”, citing suppression of facts and settled SC rulings under Article 200.

28 July, 2025 02:38 PM
sc-refuses-to-stay-publication-of-draft-voters-list-in-bihar-on-aug-1
Trending Judiciary
SC refuses to stay publication of draft voters list in Bihar on Aug 1

SC declines stay on Bihar draft voter list; asks EC to consider Aadhaar, Voter ID for inclusion ahead of Assembly polls on August 1.

28 July, 2025 04:10 PM
why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email