Delhi High Court suggests mediation in Parle and Britannia advt war

Delhi High Court suggests mediation in Parle and Britannia advt war

Directs the parties to report on the outcome by December 14

The Delhi High Court has counselled Parle Products Private Limited and Britannia Industries to amicably resolve the dispute over the alleged disparaging advertisements of Britannia Milk Bikis against Parle-G biscuits.

The bench comprising Justice Prathiba M. Singh directed that while the settlement was explored, Britannia could not re-publish the two advertisements. The ads clearly showed that the terms 'G-Nahi' and 'adhura poshan' clearly referred to Parle-G biscuits.

The court ruled, "The packaging with which the defendant's product is compared in the impugned video advertisements, is similar to the plaintiff's Parle-G product. The impugned video advertisement is available on YouTube."

But considering that Britannia was willing to amicably resolve the matter, Justice Sinch said the parties were referred to the court's Mediation and Conciliation Centre. She appointed senior advocate JP Singh as the mediator.

The court's order read, "In the process of mediation, the changes to be carried out in the impugned video advertisement, currently accessible online, shall be discussed. Accordingly, a comprehensive settlement will be undertaken between the parties. In the mediation proceedings, persons who are competent to take decisions shall participate, either physically or virtually."

Directing the two entities to report on the outcome by 14 December, the court said if the matter was not settled, Britannia could file its reply to the application seeking injunction by 12 December.

Parle, in its suit against Britannia, sought a permanent injunction against the alleged disparagement and infringement in the video and print advertisements of Britannia Milk Bikis products.

It alleged that Britannia was disparaging the world-famous product sold under the mark Parle-G by "publicizing derogatory advertisement campaigns through television commercials, online broadcasts, and print media, including e-paper."

Parle contended that the advertisements were prepared to reflect its product in a bad light by suggesting that Parle-G biscuits "give 'adhoora poshan' and are 'sadharan' biscuits."

On the other hand, Britannia maintained that the video advertisement was released in 2019 and the two print advertisements were recent. It further told the court that it was willing to explore resolving the dispute amicably.