Delhi High Court Refers Patanjali–Britannia 'Milk Bikis' Ad Disparagement Dispute To Mediation

The Delhi High Court on Wednesday referred to mediation a trademark disparagement dispute between Patanjali Ayurved Limited and Britannia Industries Limited over Britannia's “Milk Bikis” advertisement.

The matter was listed today before Justice Tushar Rao Gedela.

After hearing preliminary submissions, the court referred the parties to the Delhi Mediation and Conciliation Centre.

Patanjali has sought an injunction against the allegedley disparaging ad. It contends that the advertisement disparages its milk biscuits. It objects to the depiction of its packaging. It also challenges the use of the word “Baba”.

Appearing for Britannia, the counsel argued that comparative advertising is permissible. He described the commercial as a “humorous” comparison. He submitted that “truthful disparagement” is legally allowed. He said the law permits showing a competitor's product image.

The court noted the subjective nature of advertising. It observed that “what is humorous for you might not be for the competitor”.

The court suggested that Patanjali's packaging could be blurred. Britannia initially resisted. It said “people will not get it” if the image is obscured.

A key issue was the word “Baba” used in the advertisement. The court asked whether it could be removed.

On instructions, Britannia agreed that the word “Baba” would be “given up completely”.

The concession will apply to all future versions of the advertisement. It will not apply to material already sent for printing for the next two days in Chhattisgarh, Madhya Pradesh and Maharashtra.

Both sides expressed willingness to explore settlement. The court appointed Senior Advocate Rajeev Virmani as mediator.

The matter is listed tomorrow before the mediation centre and will be listed before the court again on Monday.