Companies wrangle over advert

Knauf claims that Cape Building Products has failed to obtain an injunction to stop an advertisement put out by Knauf. But Cape says that an injunction was unnecessary as Knauf undertook to the Court not to republish the advert.

The litigation centres on a Knauf advert which shows the results of a 4kg shot being dropped on Cape's Supalux and Knauf's Superpanel fireboards.

The impact-resistance test shows Cape's calcium silicate board breaking apart, but the Knauf board, made of glass fibre reinforced cement, was only dented.

Cape Board's solicitors Davies Arnold Cooper put a rather different interpretation on the results of the legal hearing and make the following points:

l Knauf undertook to the court not to republish the particular advertisement which precipitated the legal action.

l The Knauf advertisement which had precipitated the proceedings did not show the results of a 4kg shot being dropped on Knauf's Superpanel Board - it was admitted in affidavits filed on behalf of Knauf that the sample of Knauf's Superpanel Board shown in the advertisements in question was a sample which had not been subjected to any impact test, contrary to the message conveyed by the accompanying text.

l Knauf undertook to the court to provide much fuller and more accurate information in any future advertising of a similar kind.

l By giving these undertakings Knauf rendered it unnecessary for the court to intervene further at the present stage of the proceedings.

l The hearing was an interim hearing. No final order or adjudication was made and the action is proceeding to trial.

Following the court hearing, Knauf commercial director Barry Topple said: "We are pleased that Cape's court application has not been successful and are more than happy to show the board's superior impact resistance more clearly."