01 Sep, 2011

R K Dewan on Godrej Sara Lee vs. Super Good Films

R K Dewan successfully represented Godrej Sara Lee Ltd, the well-reputed mosquito and cockroach repellent manufacturer in its endeavours to obtain an order of permanent injunction and damages, valued at Rupees five lakhs against Super Good Films Private Limited, one of the leading players in Tamil cinema.

Godrej Sara Lee Ltd owns the repellent trademark ‘HIT’. ‘Tirupachi’, is a Tamil film from Super Good Films Private Limited which depicts ‘HIT’ in some scenes. Godrej Sara Lee claimed that the depiction of their product in the film was highly ‘defamatory, prejudicial, offensive and slanderous’ indicating that the repellent could kill not only insects and pests but also a foetus. Godrej Sara Lee Ltd. sought damages from the Super Good Films Private Limited as well as an injunction order.

Justice S Palanivelu stated that through the certificate of registration, the plaintiff had proved that the Centre has recognized their product ‘HIT’ to be safe. He also said that Super Good Films Private Limited depicted the product in a disparaging and defamatory manner which was detrimental to the goodwill of the company and hence the plaintiff was entitled to damages worth Rupees five lakhs.

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