Delhi HC Directs Ghadi Detergent To Remove Derogatory Ads Targeting Surf Excel
The Delhi High Court has recently asked RSPL Limited, the manufacturer of Ghadi detergent powder, to remove disparaging and defamatory statements made against Hindustan Unilever Ltd.’s (HUL) popular detergent brand, ‘Surf Excel’, from its television and digital advertisements.
The vacation bench led by Justice Prathiba M. Singh, observed, "After applying these principles, the Court is of the prima facie opinion that the manner in which the advertisements themselves flow, from a lay persons point of view, clearly the reference that is being made to the competitor’s product by the Defendant could be taken to be ‘Surf Excel’ i.e. product of the Plaintiff."
The High Court was hearing a suit filed by HUL, which sought an injunction restraining RSPL Ltd. from allegedly disparaging its brand ‘Surf Excel’ through a series of commercials promoting Ghadi detergent.
Notably, the impugned advertisements included four TV and digital commercials released in early June 2025.
Appearing for HUL, Senior Advocate Sandeep Sethi submitted that the advertisements were clearly aimed at Surf Excel. He argued that they mimic the blue and dark blue packaging associated with the plaintiff’s product, refer to the phrase “XL Blue” — which indirectly hints at Surf Excel.
It was further argued that the use of the expression “Iske jhaag acche hai, daam acche hai”, which allegedly draws from HUL’s well-known “Daag Acche Hai” campaign.
On the other hand, Senior Advocate C.M. Lall, appearing for RSPL Ltd., contended that HUL does not have a monopoly over the term “Excel” and that blue packaging is not exclusive to Surf Excel, pointing out that brands like Ariel, Henko, Fena, and Wheel use similar colour schemes.
Taking note of the submissions, the high court held that while comparative advertising is healthy, remarks that are clearly derogatory or defamatory are not.
As an ad-interim measure, the Court directed RSPL to remove specific phrases from the advertisements which, prima facie, cast negative innuendos on Surf Excel. These include statements like
1) “Aapka kare badi badi baatein par dho nahi paate” (Your product makes tall claims but cannot wash)
2) “Iske jhaag acche hai, daam acche hai” (‘Its foam is good, price is good’- Expressions which clearly refers to the Plaintiff’s product prima facie and appear to be derived from the ‘Daag ache hai’ campaign of the Plaintiff)
3) “Na Na, yeh dhoka hai” (No, no, this is a fraud product).
Accordingly, the Court has directed RSPL Ltd. to file its rejoinder and listed the matter for next hearing on July 16, 2025.
For Plaintiffs: Mr. Sandeep Sethi, Sr. Adv., Mr. Saikrishna Rajagopal, Sr. Adv. with Mr. Vivek Ayyagari, Mr. Sulien George, Mr. Arjun Ghadhoke & Mr. Abhinav Bhalla, Advs.
For Defendants: Mr. C.M. Lall, Sr. Adv. with Ms. Nancy Roy, Ms. Annanya Chug & Mr. Prashant, Advs.
Case Title: HINDUSTAN UNILEVER LIMITED versus RSPL LIMITED
Read order here: