Does not disparages the product of the plaintiff, says court The Delhi High Court has rejected a plea by Hindustan Unilever Limited (HUL), manufacturer of the ‘Fair & Lovely’ range of skin lightening/fairness cream, claiming that a TV commercial by Emami Limited for its ‘Fair & Handsome’ product makes fun of a male using a ladies’ cream. “In my opinion, overall the commercial advertisement does not leave an impression that in any manner it disparages the product of the plaintiff [HUL],” Justice Jayant Nath remarked. HUL had moved the High Court against Emami’s TV commercial, which began airing around September last year. The commercial had Bollywood actor Vidyut Jammwal saying, “Ab to Ladkiyon ki cream chhodo Mr. Lovely”. HUL, which introduced ‘Fair & Lovely’ in 1975, claimed that the commercial disparaged its product. “It is pleaded that the said commercial is claiming that the product of the plaintiff’s brand ‘Fair & Lovely’ is rubbish and inefficacious and restricted to only women while the product of the defendant “Fair and Handsome” is much more effective and useful,” HUL’s plea said. It additionally contended that ‘Fair & Lovely’ was initially used as a fairness cream which was gender neutral, though it was largely promoted as a fairness cream for women. HUL said almost 30% of the consumers are men who use the same product. Around 2006, to specifically target the men’s segment of the population, HUL launched its product ‘Fair & Lovely Men.’ Subsequently, this was renamed as ‘Men’s Fair & Lovely.’ The High Court noted that the “TV commercial no doubt seems to make fun of a male using a ladies cream. Can it be said that this advertisement on account of the said dialogue stated is false or misleading or unfair or deceptive? Does it amount to generic disparagement. The answer is in the negative”. Justice Nath said, “In my view, the plaintiff is being over sensitive on the story line of the TV commercial”. “The defendant [Emami] had enough room to play around for making the advertisement. In view of the literature that has been posted on its own website by the plaintiff, it also cannot be said that prima facie the statements made in the advertisement regarding using of women’s cream by men is false,” he remarked. The High Court ruled, “It cannot prima facie be concluded that the said TV commercial seeks to slander the goods of the plaintiff.”