Download or read book Comparative Advertising Disparagement and Trademark Infringement written by Saadiya Suleman and published by . This book was released on 2018 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advertising pervades society and has become a persuasive force working on collective mentality of the public affecting their behaviour. Advertisements create brand image and reinforce it time and again. Traditionally, advertisers sought to present their goods and services in the most favourable light as possible, attempting to influence the public by highlighting the merits of their product or services. However, the early seventies of the last century, ushered a new era of advertising wherein comparative advertisements and commercials identified the competitors products by name. This has created new issues relating to unfair competition, disparagement and trademark infringement. For the purpose of proclaiming his goods as being the best in the world one might be tempted to compare the advantages of his goods over the goods of others. However, while saying his goods are better than his competitors', can one be allowed to say that the competitors' goods are bad? Does that not amount to slandering/disparaging the goods of his competitors? What if the goods advertised are actually better in quality than those of the competitors? Can a seller use a competitor's trademark in advertisement while comparing the relative qualities of the competitive goods? Or would such use for the purpose of distinguishing and claiming superiority over the competitors' product, in the course of advertisement without the permission of the trademark owner constitute trademark infringement? The paper seeks to analyse the intricacies of law involved in the concept of comparative advertising in relation with product disparagement and trademark infringement.
Download or read book Comparative Advertising written by B. Shafiulla and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term 'disparagement' has not been defined in any statute, and what constitutes product disparagement is derived from judicial pronouncements. The Trademarks Act, 1999, Section 29(8) enunciates a situation where use of another's trademarks in advertising can amount to trademark infringement, if such use does not comply with the conditions laid down under the section. 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: (1) Pepsi Co. Inc. and, Ors. vs. Hindustan Coca Cola Ltd.; (2) GlaxoSmithKline Consumer Healthcare Limited vs. Heinz India Private Limited; (3) New Pepsodent vs. Colgate; and (4) Godrej vs. Vasmol. 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.
Download or read book Comparative Advertising Commercial Disparagement and False Advertising written by Jerome G. Lee and published by . This book was released on 1981 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Advertisement and Infringement of Trademarks written by Apoorva Sharma and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last half of the past century has seen the rise in marketing strategy and the importance of advertisement as a necessary tool to sell products. Companies are ready to go to any length to make their product reach out to public in big way. From using a pug to having alien-like dressed people selling their product, from cola wars we have seen it all. Initially where the focus was to project their product as the best by in numerating its quality, the advertising world has shifted to the fiercer competitive mode of showing my product is better than the other. This type of advertising known as comparative advertising has made the advertising world not only to hire celebrities to sell the product but also to involve trade mark or in a wider term the trade dress of the products. In first part of the paper, I would define what is comparative advertisement and why the rule of trade mark protection be limited to the areas which would confuse the consumers by way of professors Ralph's theory, and why its expansion would result against public interest. In the second part, I would explain how the law have changed for protection of trademark in India with the help of case laws and how it is protected in other countries. In the third part, I would explain how comparative advertisement benefits the consumer and lastly I would like to conclude by highlighting the need of fair competition for consumer welfare.
Download or read book Comparative advertising with the use of a competitor s trademark under US law a contrast to the European approach written by Robert J. Kaler and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademarks Comparative Advertising and Product Imitations written by Tim W. Dornis and published by . This book was released on 2017 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative advertising is a daily phenomenon in the modern landscape of commercial communication. Interestingly, however, a deep dichotomy exists between the American legal doctrine on comparative advertising and its European counterpart. Whereas American lawyers have cultivated a rather liberal stance, Europe has preserved its historical penchant for prohibiting comparative advertising. This divergence is puzzling when it concerns the handling of so-called imitation claims and product comparison lists, especially with respect to luxury perfumes and smell-alikes, or other exclusive products and their cheaper imitations. European lawmakers, pressured by the French perfume industry, have integrated a per se prohibition on imitation claims into the European Directive on Misleading and Comparative Advertising. On the other hand, in the U.S., there is virtually no restriction on imitation claims and comparison lists beyond the prevention of consumer confusion and deception. Indeed, the Lanham Act expressly excludes trademark dilution claims in cases of comparative advertising. To date, however, there has been no comprehensive economic analysis of this panorama. This article seeks to fill that gap. In conducting such an analysis, it reveals severe defects in both the American and European rules on comparative advertising. It also provides the basis for a more specific reconceptualization of the field and helps formulate a theoretical and practical framework for lawmaking and policymaking.
Download or read book Comparative Advertising written by Pek San Tay and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Comparative Advertising written by Stewart E. Sterk and published by . This book was released on 1977 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unfair Trade Practices and Intellectual Property written by Roger E. Schechter and published by West Academic Publishing. This book was released on 1993 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.
Download or read book Comparative Advertising and the Tort of Generic Disparagement written by Arpan Banerjee and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses precedents on trademark dilution and tortious disparagement (malicious falsehood) in India and the UK, with respect to comparative advertising disputes. Discusses the creation of a tort of "generic disparagement" by Indian courts.
Download or read book The Law of Comparative Advertising written by Ansgar Ohly and published by Hart Publishing. This book was released on 2000 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for the British reader, this volume analyzes the comparative advertising directive, which regulates any advertisement or promotional representation that explicitly or implicitly identifies a competitor. Background is provided both to the regulation of comparative advertising in the UK and Germany and to the passing of the directive itself. Over half the volume is devoted to appendices in which various legal texts from the UK, Germany, and Europe are compared. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Comparative Advertising and Tradenark Law written by W. Alberts and published by . This book was released on 2008 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fair Use of Trademarks written by Zoe Hilden and published by . This book was released on 2005 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Advertising microform a Comparative Study of Trade mark Laws and Competition Laws in Canada and the European Union written by Manuel Morasch and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: When advertisers seek to promote their product at the expense of another in terms of quality, performance, sales, price or other attributes, they face not only a public cautious of their claims, but also a broad spectrum of legal rules. These include trade-mark law and competition law statutes, common law torts and self-regulatory mechanisms. This thesis illustrates the variety of legislation and jurisdiction surrounding comparative advertising in both Canada and the European Union, and, within the latter, Germany and the United Kingdom.
Download or read book Some Foreign Law Aspects of Comparative Advertising written by Werner Janssen and published by . This book was released on 1974 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Rights Comparative Advertising and perfume Comparison Lists written by Tim W. Dornis and published by . This book was released on 2014 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Advertising Law written by Rory McIntyre-O'Brien and published by . This book was released on 2003 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
