Bombay High Court Halts Disparaging Berger Paints Advertisement
Bombay HC restrains Berger Paints ad, flags 'Fraud' meme for disparagement
Business StandardImage: Business Standard
The Bombay High Court has prohibited the circulation of a Berger Paints advertisement that disparaged Asian Paints' products, ruling it crossed the line from comparative advertising. The court's decision follows a lawsuit by Asian Paints, which argued the ad misrepresented its product's effectiveness and posed a risk to its reputation.
- 01The Bombay High Court found Berger Paints' advertisement crossed into disparagement.
- 02Asian Paints filed a lawsuit claiming the ad misrepresented its product.
- 03The court observed potential for irreversible damage to Asian Paints' reputation.
- 04Justice Arif S Doctor issued an ad-interim order to halt the advertisement's circulation.
- 05The case will be heard again on June 22, with interim relief lasting until June 23.
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The Bombay High Court has issued an ad-interim order to stop the circulation of a Berger Paints advertisement that compared its Easy Clean product unfavorably against Asian Paints' Apcolite Shyne All Protek. Justice Arif S Doctor noted that the advertisement included a segment where the word “Fraud!” appeared after a stain-removal demonstration, which Asian Paints argued was misleading and damaging. The court found that the ad could cause significant harm to Asian Paints' reputation, particularly as the title 'Drishyam Series – Episode 1' suggested more disparaging content could follow. Asian Paints filed the suit after discovering the ad circulating widely on platforms like WhatsApp and Instagram, claiming it implied their product was ineffective. The court agreed to grant urgent relief without prior notice to the defendants to prevent further dissemination of the video. The defendants, including social media platforms, have been ordered to remove the advertisement, with the case set for further hearing on June 22.
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The court's ruling protects Asian Paints from potentially damaging advertisements that could mislead consumers about its products, preserving its market reputation.
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