SC refuses to stay Gujarat HC order on Ranbaxy's 'Volini' ad
12 Mar 2008
Mumbai: The Supreme Court has refused to grant permission to pharma major Ranbaxy Laboratories for airing an advertisement which allegedly disparaged `Moov', the pain reliever brand of rival group Paras Pharmaceuticals.
A bench headed by Chief Justice K G Balakrishnan while declining to stay an order by the Gujarat high court said the matter will come up in due course.
Ranbaxy moved the Supreme Court after the Gujarat high court allowed an appeal by Ahmedabad-based Paras and 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, which was similar to the Moov pack.
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.
The high court had failed to appreciate that comparative advertising was an exception to the infringement of trademarks, Ranbaxy said in its submission.
The order was wholly contrary to and at variance with the well-established principles and settled law of Comparative Advertising, Infringement of Trademarks under the Trademarks Act 1999 and Copyright and Unfair Trade Practices, Ranbaxy said.
The petition also said the impugned order, if allowed to continue, would lead to irreparable harm and injury to the company apart from curtailing the right of the petitioner to broadcast a perfectly legitimate advertisement.
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