Date:01/10/2008 URL: http://www.thehindu.com/2008/10/01/stories/2008100156301100.htm

Karnataka - Bangalore

Order against Whirlpool advertisement

Staff Reporter

BANGALORE: The Karnataka High Court has restrained the international giant Whirlpool from telecasting any commercial (advertisement) relating to the test of electrolysis of boiled water.

The court, however, made it clear that Whirlpool is at liberty to air its advertisement promoting its products without disparaging Eureka Forbes products.

Eureka Forbes had moved the court after a local court here refused to grant permanent injunction restraining Whirlpool from publishing or placing advertisements defaming or maligning its products Aquaguard, Forbes Aquasux, UV, E-boiling and E-boiling +.

Eureka Forbes told the court it is the market leader in water purifiers and that it is the first company in India to introduce them. It alleged that Whirlpool had come out with a TV commercial comparing the purity of water from its own device, Purapool, with that of water obtained through electrolysis.

It said the electrolysis test that is shown being conducted on the advertisement depicts boiled water as turning turbid, while water from Purapool continues to remain pure. It claimed that the commercial was targeted at one of its water purifiers which uses electrolysis to purify water.

Denying the allegation, Whirlpool said it was only showing its products and that the commercial did not defame anybody or any product, nor did it misrepresent any fact.

Justice N. Ananda accepted Eureka Forbes’s appeal and set aside the order of the trial judge. He directed Whirlpool not to air the commercial.