Colgate Palmolive India Ltd.
This paper features the benefits of CA and focuses on the cases of disparagement in India. The four major cases of product disparagement considered herein for analysis are: Hindustan Coca Cola Ltd.
Colgate; and 4 Godrej vs.
Recent CA controversies involving Nokia and Onida mobile phone, and Rin and Tide, are also taken as instances for a discussion on CA and disparagement. Based on an analysis of these cases of disparagement, suggestions have been provided to advertisers on how to use comparative advertisements effectively while avoiding product disparagement of competitors.
The Trademarks Act, seeks to balance the conflicting interests of the rights of registered trademark owners and a compelling consumer interest in informative advertising.
Section 8 of the Trademarks Act,provides that a trademark is infringed upon by any advertising by that trademark if such advertising takes unfair advantage and is contrary to honest practices in industrial or commercial matters; is detrimental to its distinctive character; or is against the reputation of the trademark.
Any such act denigrating or disparaging the goods or services of another constitutes an act of Product Disparagement PD. There is no codified law in India to restrain companies from involving in false promotion campaigns.
The law relating to PD in India has been mainly evolved through judicial pronouncements of Indian courts in the recent past.Further, the TM Act has increased the grounds on which trademark infringement can be claimed, such as likelihood of confusion, likelihood of dilution or disparagement of a registered trademark, comparative advertising and spoken use.
Comparative advertisement is an advertisement in which a particular product, or service, specifically mentions a competitor by name for the express purpose of showing why the competitor is inferior to the product naming it.
Colgate v Pepsodent: Comparative Advertising.
by Aparajita Lath August 25, 13 Comments. Ltd.
brought an action against HUL for its ads relating to its product ‘Pepsodent GermiCheck Superior Power’ as these ads allegedly disparaged Colgate’s toothpaste ‘Colgate Dental Cream Strong Teeth’. Trademarks, Labeling . TOPIC: Comparative Advertising: Comparative Study on U.S.
and India trademark's ability to bring to a consumer's mind the products with which the trademark is disparagement of a rival product without specifically identifying or pin pointing the rival product is.
Comparative advertising in India – puff under scrutiny would amount to disparagement of the other people’s product and that, therefore, the same cannot be allowed to continue”. Indian courts have traditionally allowed comparative and disparaging advertising. Author. COMPARATIVE ADVERTISEMENTS AND PRODUCT DISPARAGEMENT: THE NEW MARKETING TOOL!
Comparative Advertisement and Product Disparagement vis-à-vis Trademark Law. Charlotte J. Romano, Comparative Advertising in the United States and France, 25 NW. J. Product disparagement.