Bombay HC pulls up Berger Paints ad over ‘Fraud’ swipe at Asian Paints

MUMBAI: Bombay High Court has restrained the circulation of a viral advertisement by Berger Paints India Limited after observing that the clip appeared to disparage a rival product from Asian Paints Limited and crossed the line of permissible comparative advertising.

Justice Arif S. Doctor passed the ad-interim order on May 8 while hearing a commercial intellectual property suit filed by Asian Paints Limited against Namgial Enterprise and others, including Berger Paints.

At the centre of the dispute is a 102-second promotional video titled Drishyam Series – Episode 1, which was allegedly circulated widely on WhatsApp groups frequented by paint dealers and trade members before also appearing on Instagram.

According to Asian Paints, the video compared its APCOLITE SHYNE ALL PROTEK paint with Berger’s BERGER EASY CLEAN product through a stain-removal demonstration. While the narration did not directly name Asian Paints, the company argued that its product packaging was clearly visible, making the comparison unmistakable.

The real paint point, however, came after the demonstration. The clip inserted a meme featuring shocked reactions alongside the Hindi phrase, “Arre Saala, alag hi fraud chal raha hai,” followed by the word “Fraud!” flashing on screen.

The court found that this element prima facie amounted to disparagement.

“The advertisement, viewed as a whole, makes out a clear case of disparagement,” Bombay High Court judge justice Arif S. Doctor observed while granting interim relief.

Asian Paints argued that the video went beyond ordinary puffery and sought to undermine consumer confidence in its product through dramatic presentation, “myth buster” framing and sensationalised comparisons.

The court also took note of Asian Paints’ concern that more such videos could follow because the clip was labelled Episode 1. Accepting the company’s apprehension, the court observed that continued circulation on social media and WhatsApp could cause “immense and irreversible prejudice” to the goodwill and reputation of the company and its paint brand.

Given the speed at which the clip was spreading online, Asian Paints sought urgent relief without prior notice to the defendants, arguing that advance warning could trigger wider circulation before any restraint order was passed.

The court agreed, holding that prior notice would defeat the purpose of urgent intervention.

As part of the order, the court restrained the defendants and unidentified persons named in the suit from circulating, sharing, broadcasting or publishing the disputed advertisement or any similar content. Social media platforms named as defendants were also directed to delete the video wherever uploaded.

The matter is scheduled for further hearing on June 22, while the ad-interim order will remain in force until June 23.