It decreed an injunction dated September 12 against Apollo Tyres from broadcasting an advertisement that “denigrates and disparages” CEAT.
Initially, two Mahindra Thar SUVs were appearing in the screen with two tyres. One is black while the other one is maroon. Its black Thar’s tyres are appearing worn out. Laments to the maroon one by saying: “SEE-IT, SEE-IT !….road ne toh ghis di yaar….meri grip.” However, this maroon-coloured Thar’s tyres are based on Apollo APTERRA AT2, which is in perfect condition.
The “SEE-IT” CEAT noted was phonetically identical to its name as applied in the ad.
Thus, from the court’s observation as regards the conversation among rival tyres used in the ad, “the Advertisement does in fact unfairly seeks to compare the Plaintiff’s worn out tyre with the Defendant’s brand new tyre and the basic premise of the impugned advertisement is to denigrate and slander the Plaintiff’s said CROSSDRIVE AT tyre.”
From the advertisement campaigns conducted by the Defendant on different internet portals, viz. YouTube, X, Instagram, LinkedIn, Facebook, what the message sought to be conveyed to the purchasers is that Plaintiff’s CEAT all terrain tyres are of inferior and substandard quality; inferior to the Defendant’s APOLLO APTERRA AT2 tyre and that which is to be discarded. It has been alleged that the CEAT all terrain tyres of the Plaintiff have been rubbished and presented in poor light with the said advertisement.
The court has adjourned the matter for a detailed hearing on October 11.
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