Delhi High Court Restrains HUL from Comparing ‘Ponds’ with ‘Nivea’ Products

Delhi High Court Prohibits HUL from Comparing ‘Ponds’ with ‘Nivea’ in Marketing Campaigns

The Delhi High Court has issued an order restraining Hindustan Unilever Limited (HUL) from engaging in any marketing or advertising activities that compare its ‘Ponds’ products with ‘Nivea’ products. This prohibition includes both explicit and implicit comparisons or associations made by sales representatives in various malls across the national capital and Gurugram.

Justice Anish Dayal, who presided over the case, stated that the activities undertaken by HUL were prima facie misleading and disparaging towards the ‘Nivea’ products manufactured by Beiersdorf AG. The court observed that such comparisons cause irreversible prejudice to Beiersdorf AG and amount to disparagement or denigration of their products or business.

The order was the result of an interim injunction application filed by Beiersdorf AG. The plaintiff alleged that HUL’s sales representatives were applying cream from a “blue tub” on one hand of walk-in customers and Ponds product on the other. They would then use a magnifying glass to convince customers that the blue tub product left an oily residue on their skin compared to Ponds Super Light Gel.

Justice Dayal noted that the blue color is strongly associated with Nivea products, which have achieved distinctiveness and popularity over the years. While the issue was not about claiming exclusivity over the color blue, the use of a blue tub by HUL in this activity was deemed too coincidental to ignore. The court emphasized that HUL could have used a different color tub for comparison to avoid this implication.

Furthermore, the court clarified that the laws relating to advertisements, whether in print, digital, or TVC, also apply to in-mall marketing campaigns. Such campaigns are considered a form of promotion and marketing that involves a more personalized and interactive engagement with consumers.

The court’s order underscores the importance of fair marketing practices and the protection of brand reputation against misleading and disparaging activities. HUL is now prohibited from comparing its ‘Ponds’ products with ‘Nivea’ products in any form of marketing or advertising.

This article highlights the Delhi High Court’s decision to restrain HUL from making comparisons between ‘Ponds’ and ‘Nivea’ products in their marketing efforts, explaining the rationale behind the ruling and its implications for advertising practices.

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