Delhi High Court orders Ghadi detergent to modify ads targeting Surf Excel

New Delhi: The Delhi High Court has directed RSPL, the manufacturer of Ghadi detergent, to remove specific phrases from its advertisements that were found to be derogatory towards Surf Excel, a competing brand manufactured by Hindustan Unilever (HUL), according to news reports.

Justice Prathiba M Singh issued the order in response to a suit filed by HUL, which alleged that RSPL’s television and digital advertisements, launched in early June 2025, contained elements that disparaged its Surf Excel brand. The contested ads featured actor Ravi Kishan and were part of a campaign promoting Ghadi detergent.

The Court instructed RSPL to amend the advertisements by  June 24, 2025 before continuing their broadcast. “The Defendant (RSPL) shall carry out the proper amendments in the impugned advertisements by June 24, 2025 and only then telecast/broadcast the impugned commercials,” the Court stated.

The Court identified three expressions for removal from the advertisements, finding them to be derogatory toward Surf Excel. These included: “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), and “Na Na, yeh dhoka hai” (No, No, this is a fraud). 

Justice Singh noted that the language used was clearly directed at HUL’s Surf Excel brand and, in particular, found that some phrases appeared to mimic or respond to HUL’s well-known “Daag Acche Hai” campaign.

Justice Singh noted that phrases such as “Na Na, yeh dhoka hai” and “Aapka kare badi badi baatein, dho nahi patey” were clearly aimed at HUL’s Surf Excel brand. The statement “Iske jhaag acche hai, daam acche hai” was also found to be an indirect reference to HUL’s long-standing ‘Daag Acche Hai’ campaign.

HUL submitted that it had issued a cease-and-desist notice to RSPL on June 7, which the company declined to comply with, prompting the legal action. The plaintiff argued that RSPL's campaign misrepresented and disparaged Surf Excel, which has been marketed in India since 1996 and contributes to an annual turnover of approximately Rs 11,000 crore.

HUL’s legal team contended that RSPL’s advertisements mimicked elements closely associated with Surf Excel, including the use of light and dark blue packaging, the term ‘XL Blue’, and slogans suggestive of HUL’s advertising.

RSPL argued in its defence that HUL could not claim exclusive rights over blue packaging or the term ‘Excel’, noting that several detergent brands use similar colours and that the word 'Excel' is subject to trademark disclaimers.

The Court cited principles of comparative advertising, clarifying that while it is permissible for brands to highlight their own products, it is not lawful to tarnish or defame competitors. “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 held.

The matter is scheduled for further hearing on July 16.