LAKHANPAL NATIONAL LTD. versus M.R.T.P. COMMISSION AND ANOTHER

LAKHANPAL NATIONAL LTD. versus M.R.T.P. COMMISSION AND ANOTHER

The erroneous description of the manufacturing company in the advertisements, referring to it by the product names 'National' and 'Panasonic' instead of its actual name, did not amount to an unfair trade practice under Section 36A(1)(i) and (v) of the MRTP Act, 1969, since there is no other company by those names and no real possibility of misleading a reasonable consumer.

Parties
Appellant: Lakhanpal National Ltd.; Respondent: MRTP Commission; Respondent: Another
Jurisdiction
India
Judgment Date
02 May 1989
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From MRTP Commission Order
Outcome
Appeal allowed; impugned judgment set aside.
Legal Topics
Unfair Trade Practices, False or Misleading Advertisements
Competition Law Unfair Trade Practices False or Misleading Advertisements

Case Brief

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Parties

Lakhanpal National Ltd.

Appellant

MRTP Commission

Respondent

Another

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From MRTP Commission Order

Legal Issues

  1. 1 Whether the appellant's advertisements stating collaboration with 'National Panasonic of Japan' constitute unfair trade practice under Section 36A(1)(i) and (v) of the MRTP Act, 1969.

Ratio Decidendi

The erroneous description of the manufacturing company in the advertisements, referring to it by the product names 'National' and 'Panasonic' instead of its actual name, did not amount to an unfair trade practice under Section 36A(1)(i) and (v) of the MRTP Act, 1969, since there is no other company by those names and no real possibility of misleading a reasonable consumer.

Court Disposition

Appeal allowed; impugned judgment set aside.

Orders

  • The judgment of the MRTP Commission dated 13.11.1987 is set aside.
  • No order as to costs.