Court spikes Colgate plea to air modified commercial

In the legal battle involving the country’s two leading dental majors, the Delhi High Court had dismissed Colgate Palmolive India’s application proposing telecasting of a modified version of its tooth powder commercial, which was objected to by Dabur.

e4m by exchange4media Staff
Published: Dec 13, 2004 8:20 AM  | 3 min read
Court spikes Colgate plea to air modified commercial

In the legal battle involving the country’s two leading dental majors, the Delhi High Court had dismissed Colgate Palmolive India’s application proposing telecasting of a modified version of its tooth powder commercial, which was objected to by Dabur. The court, earlier in September, had barred Colgate from telecasting the commercial.

While asking the parties to suggest different versions, Justice Mukul Mudgal observed: “Considering the fact that in the proposed advertisement suggested by Colgate, the word ’lal’ qualifying dant manjan has been removed, yet the harmful affect of dant manjan in general amplified in the proposed ad by calling it ’sadharan’ dant manjan which is (khurdara) abrasive on the teeth still falls within the prohibition of generic disparagement proscribed by the court’s September judgement.”

It further said, “the suggestion given by either side for the altercations are not acceptable and ... the divergence of views clearly show that the resolution of the dispute by amicable settlement is not possible.”

In September, Justice Mudgal had said in its judgment that the ad campaign had an immediate impact on the viewers and possible purchasers’ minds, particularly when a well-known movie star was endorsing it. “The balance of convenience is in favour of Dabur, as the effect of the ad aired cannot be repaired readily and easily. Consequently, the non-grant of an interim injunction would cause irreparable injury to Dabur not compensable in damages,” he said. “Slandering of a rival product as bad is not permissible...I am of the view that generic disparagement of a rival product without specifically identifying or pinpointing the rival product is equally objectionable. Clever advertising can indeed hit a rival product without specifically referring to it,” the court had held earlier.

Dabur, manufacturer of Dabur Lal Dant Manjan powder, had moved the high court against the TV advertisement by Colgate Palmolive, manufacturers of Colgate Tooth Powder. The advertisement showed cinestar Suniel Shetty informing lal dant manjan powder buyers about its harmful effects. He was also shown endorsing Colgate tooth powder as being 16 times less abrasive and non-damaging.

Arun Jaitley, appearing on behalf of Dabur, had contended that the impugned advertisement ran down all Lal Dant Manjan tooth powders as severely detrimental to dental health. “While the advertisement did not directly refer to Dabur Dant Manjan, the visual representation in the advertisment left no doubt about the product being referred to as Lal Dant Manjan manufactured and marketed by Dabur,” he said.

Dabur, which holds 80% of the Ayurvedic tooth powder trade, has a turnover of about Rs 150 crore for Lal Dant Manjan tooth powder, and its advertising budget for the said product is Rs 4 crore. “The use generically/specifically of the Dabur product for comparison with the rival product amounts to violation of the intellectually property rights of the petitioner,” he added.

Colgate counsel Mukul Rohtagi had contended that such criticism in the ad was based on studies conducted in the US, which found such lal dant manjan powder damaging tooth enamel and the finding being affirmed by two reputed dentists.

During the course of argument, Colgate had also offered to drop the red container/bottle in the ad, which according to Dabur, identified with its product. “The balance of convenience is in favour of Colgate as it has the right to disclose to the public the injury being caused by deleterious products,” Mr Rohtagi had argued.

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E4M Our strategy is to target younger audiences through Sports: Rajiv Dubey, Dabur

The Head of Media at Dabur India spoke exclusively to exchange4media on the World Cup, associating with Indian Idol, the company’s digital spending and much more

e4m by e4m Staff
Published: Oct 27, 2023 6:15 PM  | 1 min read
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With quirky campaigns, memes and moment marketing, timed with the ongoing World Cup and particularly the India-Pakistan matches, Dabur India has got considerable consumer attention for its popular brands – Red Paste, Cool King Hair Oil, Chyawanprash, Dabur Vita and the recently launched Bae Fresh Gel toothpaste.

The 140-year-old company is going big on key sporting events, World Television Premiere (WTP) movies and reality shows. It is now gearing up to become the title sponsor of popular talent show ‘Indian Idol’ on Sony TV for the first time, shared Rajiv Dubey, who leads the media strategy at Dabur.

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Swapan Seth's new book 'COOL' is out

The book is a reflection of the author's 'eclectic taste across categories'

e4m by e4m Staff
Published: Oct 27, 2023 6:07 PM  | 1 min read
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Advertising professional and art collector Swapan Seth has announced the launch of his new book COOL. The book is described as "a ready reckoner to the hip and the happening, of the known and the very unknown."

The book is a reflection of the author's "eclectic taste across categories: from boltholes to exotic hideaways."

COOL has been published by Simon & Schuster India and is available on Amazon.

Seth is an ad veteran with a long and illustrious career in the industry. He became the youngest-ever Creative Director at Clarion at age 24. He was VP at 26 at Trikaya Grey. Two years later, he started his agency Equus.

He writes for publications such as The Economic Times, Hindustan Times and India Today. This is his second book and he has previously published THIS IS ALL I HAVE TO SAY.

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Disney Star signs 9 sponsors for Asia Cup PAK

Charged by Thums Up, Nerolac Paint+, Amazon Pay, Jindal Panther, My11Circle, MRF, Samsung Galaxy Z Flip5, Wild Stone and Thums Up come on board

e4m by exchange4media Staff
Published: Aug 26, 2023 11:48 AM  | 1 min read
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e4m Staff Disney Star has signed nine broadcast and digital streaming sponsors for the upcoming Asia Cup.

Charged by Thums Up, Nerolac Paint+, Amazon Pay, Jindal Panther, My11Circle, MRF, Samsung Galaxy Z Flip5, Wild Stone and Thums Up have come on board for the upcoming tournament.
As reported earlier by exchange4media, Disney Star has sought Rs 26 crore for the co-presenting sponsorship on TV and Rs 30 crore for Disney+ Hotstar.

According to industry sources, the associate sponsorship on Star Sports has been priced at Rs 19.66 crore, whereas for the ‘powered by’ sponsorship on Disney+ Hotstar, the broadcaster is seeking Rs 18 crore.

As per the information available with exchange4media, Disney+ Hotstar has three sponsorship tiers-- co-presenting (Rs 30 crore), powered by (Rs 18 crore) and associate sponsorship (Rs 12 crore). The broadcaster is offering an estimated reach of 120-140 million for co-presenting sponsors, 90-100 million for powered by and 60-70 million for associate sponsorship.

A spot buy for 10 seconds has been priced at Rs 25 lakh for the India vs Pakistan matches, while for the non-India matches, the ad rate for 10 second is Rs 2.3 lakh. The India matches plus the final for ODIs has been priced at Rs 17 lakh per 10 seconds.

Asia Cup is scheduled to be held from 30 August, 2023, to September 17, 2023.

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Sorted 360 wins creative & social media mandate of Reliance Mall

The agency will manage offline and online campaigns for Reliance Mall

e4m by exchange4media Staff
Published: Aug 26, 2023 10:54 AM  | 1 min read
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Sorted 360, an integrated creative and social media agency, has won the mandate to providing brand solutions for Reliance Malls across India.

“Sorted 360 is set to enhance Reliance Malls' market presence with their unparalleled creative prowess and strategic thinking,” read a press release.

“Sorted 360's commitment to pushing the boundaries of creative communication aligns perfectly with Reliance Malls' ethos. With a pan-India presence spanning across 19 cities and growing, Reliance Malls has consistently captivated customers by offering an array of Reliance brands and third-party fashion & lifestyle brands. The mall has established an unparalleled connection with its patrons through superior quality, a remarkable value proposition, and an unmatched shopping experience,” it read further.

"We are thrilled to welcome Sorted 360 as our trusted partner in advancing our brand presence across the nation," said the Head of Marketing at Relaice Malls. "Their proven expertise in retail, shopping center management, and innovative creative strategies make them the perfect fit for our vision."

"Partnering with Reliance Malls is a testament to our commitment to shaping extraordinary brand experiences," remarked Prerana Anatharam, Co-founder of Sorted 360. "We are excited to leverage our strategic and creative acumen to further elevate Reliance Malls as the epitome of convenience, choice, and excellence."

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e4m by exchange4media Staff
Published: Aug 25, 2023 4:39 PM  | 1 min read

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e4m by exchange4media Staff
Published: Aug 25, 2023 4:38 PM  | 1 min read

KlugKlug onboards Hemang Mehta as Country Manager for Indias

Mehta was most recently Head of Agency Relationships at Network 18 Media & Investments

e4m by exchange4media Staff
Published: Aug 24, 2023 3:35 PM  | 1 min read
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KlugKlug has appointed Hemang Mehta as its Country Manager for India.

Mehta will play a pivotal role in driving KlugKlug's growth and expansion within the Indian market and be responsible for Sales & GTM Strategy

Prior to that, he has also represented organisations like Exponential (now VDX.tv), India Today Digital and Rediff.com. His expertise spans various domains including digital media sales, mobile marketing, media planning, and buying, social media marketing, and more.

Hemang Mehta expressed his enthusiasm about joining KlugKlug, saying, "I am thrilled to be a part of KlugKlug, a forward-thinking platform that is reshaping the influencer marketing landscape. As much as I look forward to collaborating with the exuberant team at KlugKlug, I am super excited to interact with the brands to deliver powerful data-backed Influencer solutions that will guarantee business outcomes."

Commenting on the appointment, Kalyan Kumar, Co-Founder and CEO of KlugKlug, stated, "We are excited to welcome Hemang Mehta to our team as the Country Manager for India. His extensive experience in digital media sales and marketing will be instrumental in driving our efforts to provide influencer marketing solutions to our clients. We believe Hemang's leadership will be key in scaling our operations and expanding our reach within the Indian market."

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