UPDATE: PPG and ICI reach legal agreement
Published: 7 January 2011
The legal dispute between ICI Paints AkzoNobel and PPG regarding the latter's Johnstone's 'Best on Test' advertising campaign has been settled out of court.
ICI initiated proceedings against PPG early last year after it took issue with the latter's ad campaign which drew direct comparisons between its own Johnstone's brand paint and its Dulux Trade counterpart.
Speaking at the time Dr Steve Snaith, trade marketing director at Dulux Trade, said: "ICI Paints AkzoNobel is instigating legal proceedings in the High Court against PPG in relation to claims made in its current advertising campaign. We feel that we can no longer ignore this activity, as it is in danger of causing confusion in the market place and damaging our brand, in which we have tirelessly invested."
PPG defended the campaign's claims and responded by launching a counterclaim challenging claims made by Dulux over the years saying it had "specified spread rates of certain Dulux Trade paints has consistently been overstated on its tins."
The resulting dispute was settled last month when both sides agreed "a practical framework for dealing with any comparative advertising issues that might arise in the future."
Speaking after the settlement, ICI Paints AkzoNobel UK and Ireland md Guy Williams said: "This settlement means that ICI Paints AkzoNobel has achieved all its objectives - specifically that PPG has agreed to stop the advertising in question and to make no further improper use of our slogans or paint tin liveries. PPG has also dropped its counterclaim, and agreed to change its comparative advertising going forward and to ensure that the claims it makes comply with relevant advertising rules."
PPG general manager Steve Pocock said: "The settlement represents an amicable resolution of all claims in dispute and provides a mechanism for both parties to compete in the trade paints market in an open and fair way, and to provide the best value to the consumer."