Market is filled up with tons of beauty products that guarantee fairness, in the hoard of being the best companies usually have a bad blood with each other every other day. In the present case Hindustan Unilever Limited brought a suit against Emami praying for injunction against a commercial which allegedly disparaged HUL’s product named ‘ fair and lovely’ which is packed in a pink and white tube. In the alleged commercial a man is ridiculed by another for using a pink cream that is only meant for ladies and gave him Emami’s new cream that is meant for men’s tough skin.
HUL argued that the impugned advertisement clearly referred to their product and disparaged their product by creating an impression in the minds of people that the Fair and Lovely product is only for women and not for men which is false. However Emami argued that HUL is giving contrary statements in the present case as according to their official website they have mentioned that different products should be used by men and women as the skin type of both differs. Also they argued that the impugned advertisement doesn’t refer to HUL’s product in any manner.
The court heard the arguments of both the parties and agreed with the contentions of Emami where they said that the advertisement does not specially refers to the HUL’s product in any way. Secondly the court also agreed with the contentions of Emami that the HUL itself contradicts their earlier statement given on their websites as they too had a separate fairness cream for men, and the sole motive of the Emami’s advertisement was to inform the customers that different skin types need separate creams for men and women.