Comparative Advertising Trademark

SpicyIP Tidbits: SC refuses to grant Ranbaxy relief in comparative ad case

The Supreme Court refused to stay a Gujarat High Court decision restraining Ranbaxy from airing its controversial ads directed against Paras Pharma’s ‘Moov’ brand. BS has picked up an agency report on this here.

The Supreme Court today refused to give any relief to pharma major Ranbaxy Laboratories that is seeking permission to air its advertisement which allegedly disparaged “Moov”, the pain reliever brand belonging to its rival group Paras Pharmaceuticals.

The Gujarat High Court, while allowing Ahmedabad-based Paras’ appeal, had restrained Ranbaxy from airing its advertisement related to Volini, “its largest selling topical pain reliever in India,” in its present form and asked it to change the colour of the pack different from the Moov pack.

A bench headed by Chief Justice K G Balakrishnan while declining to stay the high court order said the matter would be taken up in due course.

Ranbaxy has challenged the high court’s order that restrained it from telecasting its Volini TV commercial, which Paras alleged disparaged or denigrated directly or indirectly while referring to its brand Moov, thus infringing its copyright and trademark.

SpicyIP has written about comparative ad issues in India in this post earlier.

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