Advertising experts have welcomed a Bombay High Court ex-parte order stopping Apollo Tyres from broadcasting an advertisement that allegedly ridicules CEAT Tyres.
CEAT LTD approached the court stating that its CrossDRIVE AT Tyre is depicted to be worn out in an Apollo Tyres video commercial while CEAT trade mark is embossed therein and is compared to a brand new APOLLO APTERRA AT2 tyre. The company stated advertisement campaigns of Apollo Tyres on online platforms including YouTube, X, Instagram, LinkedIn, and Facebook, is conveying that CEAT all terrain tyres are of inferior and sub-standard quality.
“This is interesting and quite rare of the court to issue an ex-parte order without the respondent being present. Ideally, the court listens to both the parties but in this case, Apollo Tyres was not present and the court gave an interim relief on the affected party (Ceat LTD). Generally, the hearing dates get extended, campaigns are played and till the hearing is complete the other brand gets impacted. This is positive news that an interim relief is given,” said Dr Sandeep Goyal, chairman of Rediffusion to businessline.
‘Unfair’ comparison
Justice Chagla stated that on seeing the impugned advertisement he was of the view that it unfairly seeks to compare CEAT’s worn-out tyres with Apollo’s brand-new tyres and the basic premise of the impugned advertisement is to denigrate and slander CEAT’s CROSSDRIVE AT tyre.
“Pending the hearing and final disposal of this suit, the Defendant by themselves, their directors, servants, officers, agents, distributors, dealers, representatives, assignees and all those connected with the Defendant in their business be restrained by an order and temporary injunction of this Hon’ble Court from in any manner circulating/sharing broadcasting or otherwise howsoever communicating to anyone, the public including trade channels or publishing the impugned advertisement (appended at Exhibit T to the Plaint) or any part thereof [or any other advertisement of a similar nature] in any language or in any manner causing the impugned advertisement or any part thereof [or any other advertisement of a similar nature] to be telecast or broadcast or shared or communicated to anyone or public or published on any online platform including social media platforms or in any other manner whatsoever,” mentions the order.
‘Covert reference’
“Apollo Tyres today is the 2nd biggest player in India as per market share and this covert reference to CEAT a competing brand is a drain on the brand. It’s not the first time a competitor’s brand has been misused in advertisements; the famous cola wars and the airline wars are a testimony. This ad of Apollo takes it to a cheap level and that will impact the Apollo brand negatively. CEAT will be glad for the free publicity,” said Ajimon Francis, Managing Director of Brand Finance India.