Comparative Advertisement and Infringement of Trademarks: A Perspective from Consumers

Abstract

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.