TVS Motor has dragged Bajaj Auto to court for a series of ads by the later. The Madras high court has issued a period of a two-week interim injunction on the ads run by Bajaj Auto over 'defamation' of the products of TVS Motors.
The ads which are in question has been run in Tamil Nadu and has compared the fuel efficiency of TVS XL100 to Bajaj CT 100. As per the court order, the ads has compared the mileage of the two vehicles "on the basis of false figures".
The court has restrained saying, "the respondents from continuing the ad which disparages the applicant's product TVS XL100 by comparing the fuel efficiency of the applicant's product with the respondent's product for a period of two weeks".
TVS Motor had filed the case about nine days ago on the nine ads which were circulated in Tamil Nadu. The court order said, that the respondents Bajaj Auto "specifically pointed out the specific demerit in the applicant's product. Though the statement by the respondents puffing up their own product is not questionable, disparaging statement of the applicant would be certainly actionable. However, the same can be dealt with in detail after the respondent filed their detailed counter,"
The main issue is the fuel economy of the product, "The point of difference in the two products, according to the ads issued by the respondents, is that fuel efficiency of the applicant product is less than 50 percent of the respondent product" said the court order.
While the court order said, "puffing" is "permissible" with a company's own products, "it cannot denigrate the rival manufacturers. It is also permissible to have a comparative ad as long as it does not attain negative overtones". The court order added that ads should be within "reasonable restrictions".