Bombay High Court Restrains Berger Paints Ad Over Alleged Disparagement Of Asian Paints
Mumbai, May 10: The Bombay High Court has restrained the circulation of a Berger Paints advertisement after observing that the commercial prima facie crossed the limits of comparative advertising and entered the territory of disparagement against rival company Asian Paints.
Justice Arif S Doctor passed the ad-interim order on May 8 while hearing a commercial intellectual property suit filed by Asian Paints Ltd against Berger Paints India Ltd, Namgial Enterprise, and other parties linked to the advertisement campaign.
Court Flags “Fraud” Meme In Advertisement
The court took serious note of a segment in the promotional video where a meme displaying the word “Fraud!” appeared after a stain-removal demonstration involving paint products.
According to Asian Paints, the 102-second video titled “Drishyam Series – Episode 1” was being widely circulated through WhatsApp groups involving paint dealers and trade members before also appearing on Instagram.
Asian Paints Claims Product Was Clearly Identifiable
Asian Paints argued that although the advertisement did not directly mention its name, the paint container shown in the commercial was identifiable enough for viewers to recognise its APCOLITE SHYNE ALL PROTEK product.
The company alleged that the video portrayed Berger’s Easy Clean paint as superior while depicting the Asian Paints product as ineffective during a lipstick stain-removal test.
Asian Paints further submitted that the “myth buster” theme and sensational presentation were intentionally designed to damage consumer trust and harm the company’s brand reputation.
Court Observes Prima Facie Case Of Disparagement
Agreeing with the submissions, the Bombay High Court observed that the advertisement, when viewed in its entirety, disclosed a prima facie case of disparagement.
The court also noted concerns over the possibility of additional videos being released in a similar format, especially since the clip was titled “Drishyam Series – Episode 1.”
Justice Doctor observed that continued circulation of such content through social media and messaging platforms could cause “immense and irreversible prejudice” to the goodwill and reputation of Asian Paints and its products.
Social Media Platforms Directed To Remove Video
Asian Paints sought urgent relief without prior notice to the defendants, arguing that advance notice could lead to wider circulation of the advertisement before any restraining order could be enforced.
The court accepted this argument and restrained the defendants, along with unidentified persons associated with the campaign, from circulating, broadcasting, or sharing the disputed advertisement or similar content.
Social media platforms named in the case were also directed to remove the video from their platforms.
Next Hearing Scheduled In June
The matter is scheduled for further hearing on June 22, while the interim relief granted by the court will remain in force until June 23.
