Bangalore High Court has quashed a plea by Eureka Forbes water solutions company seeking to restrain Pentair Water India Pvt Ltd from publishing a particular advertisement, which it considered as ‘defamatory’ against its Aquaguard product.
Pentair Water had published an ad in print publications saying, “Water contains contaminants that are invisible to the naked eye. And to your UV water purifier.” Eureka Forbes had objected to the use of the phrase “your UV water purifier”, contending that Aquaguard and UV Purifier were synonymous in the consumer’s mind and that the Pentair advertisement was, therefore, defaming or maligning the Eureka Forbes product.
Nullifying its own previous ex-parte order restraining Pentair Water from using the ad, the High Court observed that UV technology was being used in water purifier systems not only by Eureka Forbes but also by other companies, including Pentair, and that Eureka Forbes did not have a copyright or patent or any registered trademark in respect to UV technology.
It also said that the advertisement was trying to bring out RO and UV as different technologies, it did not try to say which was a perfect technology, neither did it say that UV was a bad or harmful technology.
The court also observed that there was no evidence to suggest that sales of Aquaguard had been adversely affected because of the said advertisement.
Pentair Water spent $1 million on communications last year and targets to spend somewhere around the same figure in the current fiscal as well. However, the mode of communication would be totally different this year, informed Bashob Dey, Director, Marketing and Business Strategy, Pentair Water.
“In the previous year, we spent mostly on mainline media to send the brand message to the general public. Now, we think we have a considerable brand image in people’s mind, so we will focus more on below the line activities this year to convert the brand image to tangible figures,” he added.
The company has around 150 multi-brand retail outlets in Punjab, Haryana, the NCR and Andhra Pradesh. The company is going to focus more in these markets and expects more than 40 per cent growth rate in the current year. The company is also planning to come out with a UV water purifier later in the year.
“We will test this product in the existing and some new markets and will come out with a new communication later in the year,” informed Dey. Saatchi and Saatchi is the ad agency of Pentair Water, while GroupM handles media.