The panel agreed with NAD that the product’s original name – Painter’s Touch Ultra Cover 2X – and current name – Painter’s Touch 2X Ultra Cover – reasonably conveyed a performance claim that the product delivers twice the coverage of other spray paint products. However, the NAD determined that the product name was an express performance claim that Painter’s Touch Ultra Cover 2X delivers twice the coverage of competing brands. In this case, there was no extrinsic evidence of consumer confusion with respect to the challenged product name. In previous cases, NAD has indicated it would not recommend a product name change unless there was extrinsic evidence of consumer confusion, or the product name made an express claim which conveyed an unsupported message. Rust-Oleum agreed to accept NAD’s recommendations except for the recommendation that Rust-Oleum change its product name, which Rust-Oleum appealed. NAD also recommended that Rust-Oleum discontinue its “more solids and pigments” claim. Visual showing “Brand K” achieving in two passes what Painter’s Touch Ultraįollowing its review, NAD recommended that the challenged 2X coverage claims, including the product name, and visuals, be discontinued.“2X’s formulation contains more solids and premium pigments”.“Delivers twice the coverage as other competitive brands”.“2X double the square foot coverage of other competitive brands”.“You’ll get twice the coverage in a single pass”.“Ultra Cover 2X” (appearing as part of product name). NARB is the appellate unit of the advertising industry’s system of self-regulation and administered by the Council of Better Business Bureaus. Advertising claims made by Rust-Oleum were initially challenged before the National Advertising Division (NAD) by The Sherwin Williams Company, a competing manufacturer of spray paint products. A panel of the National Advertising Review Board (NARB) has recommended that Rust-Oleum Corporation discontinue use of “2X” as part of the Painter’s Touch Ultra Cover product name.
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