Delhi HC orders Ghadi detergent to drop disparaging references to Surf Excel in ads

The Delhi High Court has directed RSPL Limited, the maker of Ghadi detergent, to remove certain derogatory phrases taregting rival Surf Excel from its TV and digital advertisements, as per a Bar & Bench report.

As per the court's direction, RSPL must amend the contentious advertisements by June 24, 2025, before continuing their telecast or online broadcast. "The Defendant (RSPL) shall carry out the proper amendments in the impugned advertisements by 24th June 2025 and only then telecast/broadcast the impugned commercials," the court said.

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HUL approached the court after serving a cease-and-desist notice on June 7, which RSPL reportedly declined to act upon.

The legal dispute revolves around four Ghadi detergent advertisements launched earlier this month, featuring actor Ravi Kishan.

The court found three specific expressions in the advertisements to be derogatory and suggestive of Surf Excel, ordering their removal:

- “Aapka kare badi badi baatein par dho nahi paate” (Your product makes tall claims but cannot wash)

- “Iske jhaag acche hai, daam acche hai” (Its foam is good, price is good), which the court said appeared to mimic the well-known ‘Daag Acche Hai’ campaign of Surf Excel

- “Na Na, yeh dhoka hai” (No, No, this is a fraud)

HUL argued that the advertisements not only made disparaging comparisons but also copied key elements of Surf Excel's branding - including the use of light and dark blue packaging, references to the term 'XL Blue', and allusions to its iconic slogan, the report added.

The company highlighted that its Surf Excel brand has been sold in India since 1996 and reports an annual turnover of approximately Rs 11,000 crore.

In its defence, RSPL contended that HUL does not hold exclusive rights over the colour blue or the word "Excel", and cited the existence of multiple detergent brands using similar branding. RSPL also pointed out that HUL's trademark registration carries disclaimers related to generic elements.

Applying legal principles related to comparative advertising, the court held that while brands are allowed to “puff up” their own products, they are not permitted to defame or disparage their competitors, the report added.

“That it is permissible for an advertiser to undertake an advertising campaign to promote its own product so long as the same is not deliberately tarnishing or defaming the competitor's product,” the court noted.

The next hearing in the case is scheduled for July 16, 2025.

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