Written by: Adv. Apoorva Sharma | June 26, 2025
In a clash not just of cleaning powers but of brand identities and IP rights, the High Court of Delhi recently delivered an interim blow to RSPL Limited—makers of Ghadi detergent—over its television and digital advertisements targeting Hindustan Unilever Limited (HUL)’s iconic brand, Surf Excel.
The courtroom drama unfolded after HUL filed a lawsuit alleging that Ghadi’s recent ads crossed the thin legal line between comparative advertising and outright disparagement.
The IP Battle Behind the Bubbles
While comparative advertising—where brands highlight their advantages over others—is allowed under Indian IP and advertising law, it comes with boundaries. You can boast, not belittle. And this is where Ghadi seems to have slipped on the soap trail.
In its June 20, 2025 interim order, the Delhi High Court directed RSPL to drop derogatory references from its ads by June 24, pending a full hearing set for July 16.
Among the contentious taglines:
- “Na na, yeh dhoka hai” (No, no, this is a fraud)
- “Aapka kare badi badi baatein, dho nahi patey” (Your product makes tall claims but can’t wash well)
- And a thinly-veiled dig: “Madam, ye sirf naam mein excel hai” (This is only ‘excel’ in name)
The underlying suggestion? That Surf Excel—whose own tagline “Daag Ache Hain” is etched in consumer memory—is all marketing foam and no cleansing power.
What the Court Said
Justice Pratibha M. Singh noted that, from a layperson’s view, it was evident that Ghadi’s ad clearly alluded to Surf Excel. She reminded advertisers that:
“It is permissible for an advertiser to promote their own product, so long as they do not deliberately tarnish or defame the competitor’s.”
This ruling isn’t just about two soap brands—it’s a reminder to marketers that IP laws protect more than logos. Taglines, brand reputation, trade dress, and even colors (like Surf Excel’s iconic blue) can be part of a company’s intellectual capital.
Brand Battles and Boundaries
This isn’t the first time brands have crossed swords in India’s fast-moving FMCG space. But this case highlights the need for:
- IP-aware marketing teams
- Legal vetting of ad content, especially in comparative campaigns
- An understanding that brand equity is legally defensible territory
Before launching that cheeky ad, it’s worth asking: Are we promoting ourselves or pulling someone else down?
The Takeaway for Brands and Creators
This interim order reaffirms that intellectual property is not just about patents and trademarks, but also about commercial goodwill, fair competition, and responsible advertising.
As brands become increasingly bold in their marketing wars, courts are ready to scrub out campaigns that overstep IP boundaries.
🧽 In the end, clean competition may just be the cleanest way to win.
