News UpdatesDelhi HC Restrains Zydus Wellness From Running Complain Commercial In a Disparagement Suit Filed By Horlicks [Read Order] Karan Tripathi16 May 2020 8:50 AMShare This – xDelhi High Court has temporarily restrained Zydus Wellness Product Limited from running its Complan advertisement on the ground of its alleged similarity to another chocolate drink Horlicks. While holding that there’s a prima facie case for disparagement, the Single Bench of Justice Mukta Gupta noted that the present advertisement in the electronic media would be clearly…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginDelhi High Court has temporarily restrained Zydus Wellness Product Limited from running its Complan advertisement on the ground of its alleged similarity to another chocolate drink Horlicks. While holding that there’s a prima facie case for disparagement, the Single Bench of Justice Mukta Gupta noted that the present advertisement in the electronic media would be clearly disparaging as on a bare looking at the advertisement, a viewer only sees a comparison of one cup of COMPLAN with two cups of HORLICKS with no reference to the serve size. The present order has come in a suit filed by Horlicks claiming that Zydus Wellness’ Complan disparages Horlicks’ brand identity in its advertisement. The disputed advertisement has claimed that one cup of Complan is equivalent to two cups of Horlicks. The Petitioner had argued that with the TVC being for only six seconds and wouldn’t be able to clarify the disclaimer through the voiceover that the serving size of the recommended serving size was different. It argued that six second is too less a time for anyone to be able to notice this disclaimer on the TVC. Therefore, citing intentional disparagement on the part of the Defendant, the Petitioner further submitted that the commercial gives a wrong impression to the consumers about the nutrients present in one cup of Horlicks. The Defendant, on the other hand, had argued that the intent and effect of the advertisement was to educate the consumers with respect to the protein content in one cup of COMPLAN as per the recommended serve size of 33 grams being equal to two cups of HORLICKS as per the recommended cup size 27 grams as provided in their respective packages. The TVC, the Defendant claimed, is neither misleading nor disparaging nor defamatory and is factually correct. After having a look at the TVC, the court observed that on playing the TVC, there is no voiceover with regard to the disclaimer in reference to the serve size nor is the time sufficient to read the said disclaimer. In light of this observation, the court noted that: ‘The said argument defies the fact that TV viewership is continuous and on daily basis and hence every new person who views the advertisement would be clearly misled. Consequently, till the disposal of the suit the defendant is restrained from advertising the impugned TVC in its present form’Click Here To Download Read Order[Read Order] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
It’s holiday racing at Caymanas Park today, the 11-race programme featuring the 3-y-o and up overnight allowance race for the Easter Sprint Trophy over 1100 metres.Ten starters have been declared, including leading lights SHINING LIGHT, DWAYNE STAR, RED FLAG, SILVER CLOUD and ACTION MAN.All should ensure a keenly contested race over this snappy trip, with the likes of RED FLAG, ACTION MAN and LADY SHANKARI coming to make things pretty hot on the headlines, with the trio of SHINING LIGHT, SILVER CLOUD and hat-trick seeker DWAYNE STAR coming on strongly in the last furlong.The veteran campaigner RED FLAG from the Solomon Sharpe stables has been knocking at the door for the longest while and could prove strongest of the speedsters. However, they should play into the hands of the progressive four-year-old colts SHINING LIGHT and DWAYNE STAR, both winners in recent months.The Patrick Lynch-trained DWAYNE STAR looked much improved when slamming hot favourite FORTUNEONEHUNDRED by 7 1/2 lengths over the round five course in high claiming company on February 13 and now steps up to overnight company. Having worked well, this will not deter the son of Storm Craft, who looks tempting at the weights with 51.0kg and in-form Aaron Chatrie aboard.Still, preference is for the Gary Griffiths -trained SHINING LIGHT, who notched his last win over this trip in restricted company on January 16 and has run some big races in defeat since, despite not having the best of luck in running.SHINING LIGHT failed by only half a length to catch EDISON over 1300 metres in overnight company when last raced on March 5, but could well have won had he not encountered traffic problems. Back in action from the convenient mark of 52.0kg, the chestnut colt by Seeking The Glory out of Bachelor Of Arts is preferred to DWAYNE STAR.His ability to quicken under pressure in the closing stages should make the difference. Shamaree Muir, who won aboard him on January 16, again has the ride.
CONCACAF U-20 men’s championshipWith the CONCACAF U-20 Men’s Championship looming on the horizon, the National U-20 squad is being prepped in all areas for their travel and participation.One such area is drug awareness and the team was treated to an informative and interactive session, coordinated by the Guyana Football Federation.CANU’s Deputy Head Leslie Ramlall interacts with the National U-20 team in the presence of their legal officer Konya SandifordThe session, which was themed “Benefits of Dissing Illicit Narcotics”, was facilitated by the Customs Anti-Narcotics Unit (CANU) on October 13 at the National Library’s conference room.Leading the discussion were CANU’s Legal Officer Konya Sandiford and Senior Manager Rayon Samuels, who explained key aspects of the law highlighting the concepts of “possession” and “trafficking,” and the corresponding penalties.The interactive session also saw the CANU officials sharing tactics used by traffickers to lure potential mules, methods of concealment and the benefits of “dissing” the narcotic trade. Press stories and practical examples were used to further enhance the quality of the session for the very eager participants.Prior to the CANU’s presentation, GFF President Wayne Forde and First Vice President Brigadier (Retired) Bruce Lovell offered words of encouragement to the group. Forde urged the youth to embrace a positive lifestyle and be good ambassadors of the sport while Lovell’s presentation titled, “Understanding Your D.A.D (Discipline, Attitude and Dedication)” went into detail about the three areas of focus and their impact on the positive development of the person. One thought that he zeroed in on and used as a means of encouragement for them was: “If It Is To Be, It Starts with Me.”In wrapping up, Team Manager Daniel Thomas expressed appreciation to the speakers for their presentations and urged the national team members to activate the positive messages conveyed during the meeting in every aspect of their life. Also, present at the event was CANU’s Deputy Head Leslie Ramlall and members of the technical staff.The National U-20 team have a packed schedule ahead which essentially leads up to their first match against Guatemala on November 2 at 10:30h. They will return to the playing field four days later for their second match against Cayman Islands on November 6 at 10:30h. Next they will face off with Curaçao on November 8 at 12:45h, and their final first-round match will be against El Salvador on November 10 at 19:45h.
Share Facebook Twitter Google + LinkedIn Pinterest Six Ohio high school and college students have been selected to receive scholarships from the Ohio Agricultural Council. The scholarships, each totaling $1,500, were awarded for the 2016-2017 school year.The students, each of whom is pursuing a degree in an agricultural-related area of study, were chosen based on their excellent academic record, outstanding leadership qualities, community involvement, and exceptional essay responses.“The Ohio Agricultural Council is pleased to provide scholarships to help students further their education,” said Jim Chakeres, OAC president. “As one reviewer said, ‘our future is in good hands and very bright!’ We congratulate these young leaders on being selected to receive scholarships for the 2016-17 school year.”The high school student recipients are as follows:• Elizabeth Landis, of Anna, Ohio• Josie Montoney, of Lancaster, Ohio• Garrett Stanfield, of Manchester, OhioThe college student recipients are as follows:• Mary Buehler, of Anna, Ohio• Katie Frost, of Bloomingburg, Ohio• Katie Vorst, of Middle Point, OhioThe students will be recognized at OAC’s annual Ohio Agricultural Hall of Fame Awards Program on August 5 at the Ohio State Fair in the new Cardinal Building. As part of the award, the scholarship recipients will also receive a one-year complimentary membership in the Council.For more information visit www.OhioAgCouncil.org.
Celebrities came together last week at the Hollywood Domino Event Sponsored by Heineken and Jose Cuervo, to raise much needed funds for Artists for Peace and Justice to benefit Haiti and the rebuilding Port-au-Prince after the devastating earthquake in 2010.Maria Bello Sipping Jose Cuervo Oscar Gold Signature CocktailCredit/Copyright: Getty ImagesThe night featured a special performance by Rumer Willis and a throng of celebrities including: Jon Hamm, Kate Beckingsale, Kevin Jonas, Vanessa Hudgens, Adrien Brody, Jimmy Jean-Louis, Paul Haggis, AnnaLynne McCord, Kellan Lutz, Maria Bello, David and Odette Annable.Kate Beckingsale At Hollywood Domino EventCredit/Copyright: Getty ImagesKellan Lutz At Hollywood Domino EventCredit/Copyright: Getty Images
The ASPCA (The American Society for the Prevention of Cruelty to Animals) announced they will honor actress and humanitarian Drew Barrymore at the annual ASPCA Bergh Ball on April 14, 2016, at The Plaza Hotel (770 5th Avenue).At the black-tie gala – which will celebrate the ASPCA’s 150th Anniversary – Barrymore will receive the ASPCA Compassion Award. Business woman, author and TV personality Martha Stewart will present the award to Barrymore with ASPCA President and CEO Matt Bershadker. Two-time Tony Award Winner Nathan Lane will serve as Master of Ceremonies for the evening. Grammy Award winning producer and musician Mark Ronson will provide music as the evening’s DJ.The ASPCA Compassion Award recognizes noteworthy individuals in entertainment and the arts who have made outstanding contributions to animal welfare in the United States. Leveraging their creative talents and prominence, these artists have brought attention and action to the plight of vulnerable homeless animals, helping immeasurably to protect and save their lives.“This year’s ASPCA Bergh Ball takes on special significance, occurring in the very month of our founding 150 years ago,” said Matt Bershadker, president and CEO of the ASPCA. “This gathering of animal welfare champions exemplifies the high level of compassion and commitment that inspired Henry Bergh to create the ASPCA in 1866 – a dedication that continues to drive our life-saving work around the country.”The Bergh Ball is a cornerstone of the ASPCA’s fundraising efforts to directly impact the lives of homeless, abused and neglected animals across the country. Sotheby’s senior auctioneer C. Hugh Hildesly will host the live auction portion of the evening, which will feature several high-end items and experiences. The live auction will be held in conjunction with an online auction with Charitybuzz, which will include such exclusive experiences as a personalized voicemail recording from Lena Dunham, a personal training session from Bob Harper, celeb trainer on NBC’s “The Biggest Loser,” a shopping spree and lunch date with Designer Nicole Miller, two tickets to Marina Abramovic’s 70th birthday dinner at the Guggenheim and four tickets to Billy Joel’s sold out concert at Madison Square Garden. Generous support for the 2016 ASPCA Bergh Ball is provided by Chopard.The theme of this year’s event is “Round of A-Paws for 150 Years.” Design Chair Robin Bell will design the décor for the event alongside Hatch Creative and B Floral. The Event Chairs for this year’s Bergh Ball include Catherine Adler, Jennifer Bandier, Dorothy and Martin Bandier, Laura Zambelli Barket, Robin Bell, Arriana and Dixon Boardman, Somers and Jonathan Farkas, Mindy and Tom Fortin, Fredrik G. Gradin, Linda and Benjamin V. Lambert, Sharon Handler Loeb and Ambassador John L. Loeb, Tracy Maitland, Margo and James. L. Nederlander, Jeff Pfeifle, Mary and Martin Puris, Jill Rappaport, Chuck and Ellen Scarborough, Nancy Silverman, Phil and Lucy Suarez, Laura and Frederick Tanne, Kim White and Kurt Wolfgruber. Associate Chairs include Paul Arnhold and Wes Gordon, Lake Bell, Georgina Bloomberg, Kelly Connor and Robert Aronov, Gillian Hearst Sidmonds, Amanda K. Ruisi, Allie Rizzo, Scott Sartiano, Christian Siriano and Brad Walsh and Jessie Schuster.For 150 years, the ASPCA has made groundbreaking strides protecting the lives of vulnerable and victimized animals across the country. Through adoptions, animal health services, community outreach, field investigations, and legislative work, the ASPCA has helped countless animals live safer, healthier and happier lives.Drew Barrymore starred in E.T. at the age of six and has gone on to win critical acclaim and the hearts of fans for years in such movies as The Wedding Singer, Ever After, Charlie’s Angels and Grey Gardens, just to name a few. She is the co-founder of Flower Films, Flower Beauty, Flower Eyewear and Barrymore Wines. This fall, she became a New York Times bestselling author with her book, WILDFLOWER.For more information about the 2016 Bergh Ball, click here.
Former FBI director Robert Mueller has been hired by the NFL to investigate the NFL about the Ray Rice domestic violence case. And if that seems like a conflict of interest, it only adds to the drama of this continuously evolving story.Mueller, who was the director of the FBI for 12 years, will have access to all NFL records, said commissioner Roger Goodell, whose reign over the nation’s top sport can be described as tenuous. The Associated Press reported Wednesday that police in Atlantic City sent to the league footage inside a casino showing Rice knock unconscious his then-fiancee, Janay Palmer, and had a message from someone in the NFL office to prove it.Goodell and the league vehemently denies that anyone there saw the footage before Monday, when TMZ released a version of the events that initially led to Rice’s two-game suspension. The releasing of the tape prompted the Baltimore Ravens, who said they had not seen the video either, to fire Rice and the NFL to dismiss the disgraceful two-game ban and offer an indefinite suspension.Now in comes Mueller, a highly respected official, but one hired by the NFL to investigate the NFL, making cynics wonder if the fix is in. For sure, Goodell’s tenure as commissioner of the league rests in the balance.Mueller, based in Washington, D.C., is a partner in the law firm of WilmerHale, which helped negotiate the NFL’s Sunday Ticket package with DirecTV. The firm also has represented Washington Redskins owner Dan Snyder, and several former members of the firm have taken positions with NFL teams.Terry O’Neill, the president of the National Organization for Women, issued a statement late Wednesday, calling Mueller’s appointment “just window dressing.”“The NFL does not just have a Ray Rice problem, they have a violence against women problem,” the statement read. “NOW continues to ask for Roger Goodell to resign, and for his successor to appoint an independent investigator with full authority to gather factual data about domestic violence, dating violence, sexual assault and stalking within the entire NFL community — not just regarding the Ray Rice incident — and to recommend real and lasting reforms.”A league executive, speaking early Wednesday before the AP report was released, didn’t believe the Rice controversy would cost Goodell his job — unless the video was viewed before Monday.“No,” the executive told ESPN.com, “but if Goodell and the league saw the video beforehand, he is not commissioner in March for the league meetings.”
As the San Antonio Spurs took the Oklahoma City Thunder apart Thursday night on their way to winning Game 5 by 28 points, Thunder forward Kevin Durant quietly battled to finish with 25 points. That’s nothing to sneeze at, but it’s still short of the sparkling numbers he had been putting up before the NBA’s Western Conference finals began.Through the first two rounds of the playoffs, Durant had been magnificent, averaging 31.4 points per game and hitting the 30-point mark in nine of 13 games. In the five games against the Spurs, Durant has hit the 30-point mark just once, and in the Thunder’s three blowout losses, he’s averaged just 22.7 points.Durant’s efficiency has also suffered. His shooting accuracy from different areas of the floor hasn’t been significantly different, but the Spurs have forced him away from his preferred spots. Shot location statistics from NBA.com show how the distribution of his true shot attempts has changed in these games (true shot attempts include field goal attempts and trips to the free-throw line, essentially all non-turnover possessions).Kevin Durant’s Distribution of True Shot AttemptsIn the Thunder’s three losses against the Spurs, far fewer of Durant’s true shooting attempts have come around the basket. Durant has been pushed back into the inefficient mid-range zone.This may seem like splitting hairs; we’re talking about a potent scorer from anywhere on the floor. But even a great scorer like Durant is much more efficient in some areas. For example, during the regular season, a Durant trip to the free-throw line had an expected value more than twice that of one of his mid-range jump shots.In fact, if we give Durant his shooting percentage from the regular season but his shot selection from the three losses against the Spurs, Durant would have a true shooting percentage of 54.4. That’s far less his 63.5 regular-season number, which ranked second in the league this season and was the best in NBA history by a player who used at least 32 percent or more of his team’s offensive possessions.Defensive pressure usually conjures images of blocked shots and steals. But by making Durant change his shot selection, the Spurs’ defense turned an elite scorer into merely a good one.
Members of the Ohio State football team began their first day under new coach Urban Meyer Tuesday in a cloud of social media confusion, and it still hasn’t been sorted out. After a 7 a.m. Tuesday meeting with Meyer, several OSU football players tweeted that they were told they were banned from Twitter, a social media platform. Players backtracked and said there was no ban just hours later, but the origin of the supposed ban remains unclear. Junior tight end Reid Fragel tweeted from his account, @FRAGEL88, around noon Tuesday, saying: “New staff new rules. No more twitter, not a big deal and probably for the better. Love our fans, love this place. Go Bucks #2012.” By about 4:45 p.m., Fragel issued the following tweet: “Just now finding out the whole twitter thing wasn’t exactly true. #hearsay.” OSU athletics representative Jerry Emig, who was present at the football team’s Tuesday meeting, told The Lantern that Meyer never informed him of a Twitter ban for the players. “All I know was I was not made aware of a ban,” Emig told The Lantern in a Wednesday email. “I have no idea where this all originated or how it originated.” David A. Goldberger, professor emeritus of law at OSU’s Moritz College of Law, said Tuesday that a complete ban of Twitter, or another social media platform, would be unlawful. “I have my doubt about this, but there may be topics that the coach can put out of bounds, but to say that you can’t use a social media is far too broad,” Goldberger said. “It’s like saying you can’t talk.” From his Twitter account, @king_hyde34, OSU sophomore running back Carlos Hyde said Tuesday: “Well guess its been real twitter ima miss all my followers.” Later that day, Hyde tweeted: “Coach didn’t tell us this morning that twitter is banned guess the media likes to make up things. #GoBucks!” In an Oct. 26 email to The Lantern, OSU athletics spokesman Dan Wallenberg said not every OSU team institutes formal policies on social media use. “Each (OSU) team, if it has a policy, handles on its own,” Wallenberg said. Wallenberg also confirmed that the OSU men’s basketball team, currently the No. 6-ranked team in the Associated Press Top 25 poll, does not have a formal policy. Players, including junior tight end Jake Stoneburner, wasted little time returning to their accounts. From his account, @STONEYeleven, Stoneburner said Wednesday at around 3 p.m.: “Can’t wait to get going in this new offense!”
On Jan. 28, Columbus Blue Jackets fans, who have only witnessed postseason hockey once in the team’s 12 years of existence, received the best news from NHL commissioner Gary Bettman since the team’s inception. The city of Columbus would be hosting the 2013 NHL All-Star Game, or so they were told. At midnight Sunday,the NHL’s collective bargaining agreement expired, and with no new deal in place, players were locked out by the owners for the second time in nine years. Bettman met with owners and members of the NHL Players Association last week in New York City with the bleak hope of agreeing on a new deal that would have allowed for the season to start on it’s scheduled date, Oct. 11. With both sides still “far apart in talks” according to The New York Times, the season’s original start date is very much in jeopardy. While the owners and the players might be in disagreement over a number of issues, both sides realize that the biggest concern is how revenue will be split. Under the old collective bargaining agreement, players received 57 percent of the league’s revenue, and owners received 43 percent. Reportedly, Bettman’s most recent offer to the players would leave them with 47 percent of revenue, roughly a 17.5 percent pay cut. The NHL has experienced its seventh straight year of economic growth, according to Forbes. Another major issue that the two sides are clashing over is owners wanting to limit contract lengths to six years. Currently, there are no term limits on contracts. According to capgeek.com, there are 16 players signed to deals of 10 years or longer. While negotiations might continue informally throughout the month, the likelihood of the season starting on time is very slim. While Ohio natives might cringe at this, I suspect that the savior to Columbus’ All-Star Game could come from Ann Arbor. In April 2011, the NHL signed a massive deal with NBC to be their exclusive broadcasting partner. Part of this agreement was rights to broadcast the annual Winter Classic, an outdoor hockey game on New Years Day that, according to Sports Business Daily, generated $22 million dollars when it was played in Pittsburgh in 2010. This year’s game will be at Michigan Stadium in Ann Arbor and, if played, will set the record for largest attendance at a professional hockey game. NHL Players Association Executive Director Paul Kelly said that the league does have an opt-out clause with the University of Michigan, but they would stand to lose millions from skipping the annual event, and with pressure from NBC, I believe this should give fans a small piece of hope. According to the News Observer, last year’s NHL All-Star Game in Raleigh, N.C., generated an estimated $11.4 million in spending from out-of-town visitors. The city of Columbus, which according to the most recent U.S. Census, boasts a larger metropolitan area than Raleigh, could stand to make even more than $11 million on the event. During the 2004-2005 locked-out season, Atlanta was scheduled to host the All-Star Game, but did not do so until 2008. If the entire season is lost and the NHL chooses to reschedule the game in Columbus, the earliest it would be played is 2015, because the Olympics are scheduled for February 2014.