An Analysis of Comparative Advertisement and Trademark Law in India

ABSTRACT

Advertisement is definitely, one of the most important method by which traders can maintain relations with the consumers. Companies spend lump some amount on their advertisements and promotional activities. When the seller of a particular goods compare his goods with that of the others, the act is refereed to as Comparative Advertisement. In comparative advertisements, one company compares his goods with others in respect of price, utility, features or functionalities etc. Trademark on the other hand can be considered as a mark which is capable of differentiating products or services of one proprietor from that of the others. The purpose of Trade Mark law is to protect the rights of consumers as well as to protect the rights of sellers from any act of the competitors which may either tends to take unfair advantage of the reputation created by the seller or may tarnishes or disparages the image of the Trade Mark holder. So as far as comparative advertisement is concerned, if one trader uses the trade mark of another i.e his competitors to promote his product by showing that his product is better that the competi-tor in terms of price, quality etc, can be attributed a Trade Mark infringement under the Trade Mark Law. The advancement of social media and promotions through social media has aggra-vated the need for further discourse on the topic. The present research proposal analysis the concept of Comparative advertisement through the various decisions of the courts in India as well as in the light of Trade Mark Act, 1999.

FULL TEXT