Authority: Calcutta High Court (High Court at Calcutta)

Order Date: 20 July 2026

Case Overview

  • Parties: Hindustan Unilever Limited (plaintiff) vs Anchor Health and Beauty Care Private Ltd (defendant); Suit No. CS/96/2008.
  • Nature of dispute: Plaintiff sought a perpetual injunction against defendant's comparative advertising that allegedly disparaged Hindustan Unilever's "Pepsodent" toothpaste and claimed the defendant's product was the "first and only (Sirf)" toothpaste containing Triclosan, Fluoride, Calcium and marketed as "India's First All-Round Protection Toothpaste".
  • Interim relief: G.A. No. 1594 of 2008; on 15 May 2008 defendant agreed to refrain temporarily from using the phrase "first and only (Sirf)" and from erecting fresh hoardings, and to remove existing offending material where practicable. The interim arrangement was affirmed on 26 August 2010, extending the restriction to web‑based platforms.
  • Settlement negotiations: After prolonged pendency, parties executed comprehensive Terms of Settlement. Defendant covenanted to:
  • Cease telecasting or publishing any advertisement containing the representation "first and only (Sirf)" (Annexures C and D) or any substantially similar claim.
  • Refrain from publishing the hoarding identified in Annexure B or any substantially similar hoarding (Annexure Z attached).
  • Abstain from releasing any advertisement, in any medium, that disparages the plaintiff, its products or brands.
  • Copies of the impugned television storyboards (Annexures X and Y) and the hoarding (Annexure Z) are incorporated for identification.
  • Court’s assessment: The settlement is voluntary, lawful, does not contravene any statutory provision or public policy, and preserves commercial discipline. It is deemed suitable for judicial endorsement.

Final Outcome

  • The Court accepted the Terms of Settlement and ordered a decree in favour of the plaintiff incorporating the settlement terms.
  • Defendant is bound to refrain from using the contested phrase or any analogous representation in any medium and from displaying the impugned hoardings.
  • The settlement terms are binding on the parties, their successors, assigns, and any person claiming through them.
  • All interim orders passed during the pendency merge with the present decree; no order as to costs.
  • The Registry shall preserve the settlement documents and annexures X, Y, Z as part of the permanent record.

Topics: Advertising Dispute, Legal Settlement