, where the dispute concerned advertisement of liquid shoe polishes and the bottle represented as ‘Others’ was similar to the design and trade dress of the Plaintiff. This position was explained by the Delhi High Court in 1996, in the case of Reckitt & Colman of India v. The directive under Article 2(b), defines comparative advertising as ‘any advertising which explicitly or by implication identifies a competitor or goods/services offered by a competitor’.Ĭomparative advertisement is permissible under law but in the event that it crosses over the line and defames/dishonours/discredits the products or reputation of the competitor then the same would amount to disparagement, which is not permitted. While most countries do not define comparative advertising in their legislations, a commonly accepted definition forming the touchstone of our understanding is as defined in the EU Misleading and Comparative Advertisement Directive ( Directive 2006/114/EC ). The parameters compared can be prices, discounts, durability, quality or other characteristics of the products. For instance - use quirky lyrics/songs such as the advertisement for Havells using the catchy song called ‘Shock laga laga’ or use of obvious exaggerated claims such as in the advertisement of Happydent White where the teeth are so bright they could substitute a light source or comparing their products with that of a competitor such as the advertisement for Pepsodent where the product claims to be 130% better than its competitor Colgate.Ĭomparative Advertising is a unique form of advertising wherein the goods/services of an entity are compared with that of a competitor, with the purpose being to emphasize on the advantages and highlight the features of the product/service in question when compared to regular market trends. Advertisers and corporate entities employ a variety of techniques and practices in order to market their goods and products as well as to effectively increase goodwill. The purpose of these advertisements is wide, ranging from promoting healthy competition and aiding the economy to increasing consumer awareness and brand recall. AD WARS COMPETITORS FREEThe emphasis that modern consumers or business entities place on advertisements is immense, given that it is considered the lifeline of the economy and the lifeblood of free media. The concept of ad-wars is not new and several business entities tend to take on the competition. Little do people know that a similar advertisement made by MagicPin taking a jibe at Cred is also in circulation. Further, the author analyses and comments on the effects of recent judicial precedents on the current legal position and suggests a way ahead.Ĭomparative Advertising, Disparagement, Trademark InfringementĬred’s advertisement featuring Rahul Dravid losing his cool has taken the internet by storm. This article deals with the concept of comparative advertising and disparagement and the interplay with trademark law, by means of looking at the current legislative framework and evolution of the concepts and interpretations by means of several judicial pronouncements.
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