Have you come across advertisement while watching TV that compare one product with another and it is quite obvious which the contender is despite them having “blurred” the brand name? The Pepsi and Coke disputes and one-upmanship have been going on for several years. What’s generally noticeable is that when one product is compared with another, we immediately recognise the two different products (which are generally trademarked) because of their brand names, the shape of the product and the general familiarity with the way it looks. So, the next question that comes to our minds is, is this even ethically and legally right? Well, leaving ethics aside, this post aims to answer the question from a legal perspective. In this era where the whole world is considered as one global village, trademarks play an important role to distinguish the products of one business house from another. So, is it not a violation of the trademark holder’s rights, among other rights? It may be, but first what needs to be understood is what comparative advertisement is.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.