The Rin ad-campaign that compares itself with Tide Naturals has attracted sufficient attention. The advertisement campaign has brought back the focus on comparative advertising which has been ammunition for many a corporate battle..Hindustan Unilever’s (HUL) Rin advertisement that compares itself with Procter & Gamble’s (P&G) Tide Naturals has attracted sufficient attention. The advertisement campaign has brought back the focus on comparative advertising which has been ammunition for many a corporate battle. Whilst providing entertainment for many, the courts have not been too kind..The commercial, launched towards the end of February, openly compares Rin and Tide Naturals, and claims that the former to be a superior product. Yesterday, P&G moved the Calcutta High Court accusing Unilever’s advertisement as disparaging..On Monday, a Single Bench Madras High Court comprising Justice Ramasubramanian passed an order directing P&G to make modifications to the Tide advert to clarify that the product does not contain lemon or sandalwood as it had claimed. The order was vacated after Tide modified the advertisement. Satish Parasaran is representing Hindustan Unilever, while P.R. Raman is appearing for the P&G in the Madras High Court in the related matter. Amarchand Mangaldas’ Shardul Shroff is representing HUL in its suit against P&G in the Calcutta High Court..This advertisement has been on the centerstage of the debate on comparative advertising. The debate is whether P&G’s advertisement is disparagement or is a permitted form of free speech protected under the Constitution. Navpreet Panjrath, an attorney with J.Sagar Associates spin off and IP boutique, K&S Partners, in an article published here says, “My view is that any judgement by a court will be critically important when weighing the prospects of successful trade mark infringement action against comparative advertisements”..The Advertising Standards Council of India (ASCI), the industry watchdog that regulating advertising in the country, will look into the matter on March 24. Market sources inform us that HUL has been under fire ever since small local brands and Tide started to bite into a substantial share of its market. After P&G launched its ‘Tide Naturals’, they have adopted a multipronged approach to stem their losses..A.A. Mohan, the Managing Partner of AA Mohan Associates told Bar & Bench, “The advertising campaign is not ethical. The courts have till date stopped this unethical form of advertising by passing injuctions. I am sure the case will not be very different here either.”.Calcutta High Court: C.S. 12/2010; Madras High Court: C.S. 189/2010
