Comparative advertising is a tool where a clear differentiation between the products can be shown, however care should be taken that the products in comparison should not be degraded or shown in bad light. In many cases the court is of the opinion that, it is right of the trader Read more…
Case : PepsiCo v/s Coca Cola In advertisement of coca cola that a kid is having a drink and a lead actor enter ask which drink he is having and the name of the drink he is having is muted after which he says that he likes the drink. In Read more…
“The primary basis for marketer’s interests in this phenomenon is its potential for increasing profits through market share gains.” Advertisement can be divided in three types 1. NCA (Non comparative advertisement) 2. ICA (Indirectly comparative advertisement) 3. DCA (Directly comparative advertisement) Although marketers are attracted to comparative advertising because of Read more…
In Belgium, a 1991 law prohibits comparative advertising where the other vendor is identifiable. In the Netherlands, no outright prohibition of comparative advertising exists; the law only prohibits disparaging and misleading advertising. The Netherlands, however, complies with the Benelux Uniform Trademark Act which forbids the use of another’s trademark in Read more…
Trademark creates a exclusive zone for the owner which other marks may not enter. The extent of zone may vary according to the circumstances. An identical or mark which is extremely similar to existing trademark must be kept in distance in respect to goods and services in which the mark Read more…
Enactment of trademarks Act, 1999 and Trademark Rules 2002, with effect from 15th September 2003, guaranteed protection to the national and international player’s protection of their trademark and also came into conformity with the trips agreement. The new doors were opened for regulating the unfair trade practice in comparative Read more…
The concept of comparative advertising is governed by Monopolies and Restrictive Trade Practices Act and the trademark act 1999. Comparative advertisement has taken a shift from product promotion to anticompetitive activities. Legal policies in India too have taken shift from curbing the monopolies and increasing the competition. The basic structure such Read more…
Commercial advertisement is a shape of commercial speech and it is given protection under Article 19(1) (a) of Indian constitution. But the commercial speech should not be deceptive unfair and misleading and untruthful which is hit by Article 19(2) so it can be prohibited by states if any of these Read more…
The need of advertisement is important for businesses for making them known to the public by the displaying it visually. The human mind is developed in manner that it retains when it sees something visually. This advertising takes a more aggressive turn when in advertisement the product of one company Read more…
India is a developing country and is on growing path of industrialization becoming one of the business hubs in world; India has realized the importance of Trademarks and for protection of trademarks has taken steps by enacting trademarks Act 1999 and amending it in 2002, 2003 to bring it in Read more…