Interprise Solutions ran a direct mailing campaign for its
software package showing an office worker kneeling on a deserted
beach with his hands stretched up towards the sky. In front of the
man were the letters SOS written in pebbles. The headline stated
"Sick Of Sage?" with the capital letters S, O and S
highlighted.
Text on the reverse stated: "If so, take a look at Interprise
Suite ... Integrated CRM, BI, Accounts, eCommerce, Fax, Email,
Reports, Stock, Order processing, Trade Counter etc, all with One
look and feel, One database and One Business Logic i.e. not a bag
of bits..."
An internet banner ad was also headlined "Sick Of Sage?" with
the capital letters highlighted and the same image. Text stated:
"If so, take a look at Interprise Suite".
Sage objected that the ads denigrated its product and took
unfair advantage of the reputation of its trade mark.
Sage argued a breach of two provisions of the ASA rulebook, the
CAP Code:
DENIGRATION AND UNFAIR
ADVANTAGE
20.1 Although comparative claims are permitted, marketing
communications that include comparisons with identifiable
competitors and/or their products should not discredit or denigrate
the products, trade marks, trade names, other distinguishing marks,
activities or circumstances of competitors. Other marketing
communications should not unfairly attack or discredit businesses
or their products.
20.2 Marketers should not take unfair advantage of the reputation
of trade marks, trade names or other distinguishing marks of
organisations or of the designation of origin of competing
products.
Interprise had argued that the ads were phrased as a question
and if customers were not 'Sick of Sage' then Sage would have no
need to be concerned because the ads would be ignored. It also
argued that Interprise's own director had been a Sage reseller for
16 years and "knew Sage's products better than Sage themselves
did."
Interprise said that in its opinion the Sage product range was a
"bag of bits" because nothing integrated properly. The Sage logo
had not been used. Interprise claimed that "was the only thing that
was trademarked."
The Advertising Standards Authority (ASA) agreed that Interprise
had broken both rules of the CAP Code.
"We understood that the name 'Sage' was a registered trademark,"
it ruled. "We considered that the initial letter of Sage in the
'SOS' configuration drew attention to the trademark in a prominent
way. We noted the image below 'Sick of Sage?' was of a man who had
used the distress signal 'SOS' to be rescued from the situation he
was in. We considered that readers would infer from this that Sage
users experienced distress when using the Sage product and needed
rescuing."
"We also considered that the claims 'bag of bits' would be seen
as a reference to Sage. We concluded that the phrase 'Sick of Sage'
in conjunction with the image and the reference to a 'bag of bits'
denigrated Sage and their products and took unfair advantage of the
Sage trademark."
Interprise was ordered not to repeat its approach in future
advertising.
