Abstract
This Research Paper deals with following questions of intrinsic importance qua 'trademark disparagement':1. What is 'trademark disparagement'? What acts qua trade-rivals constitute 'trademark disparagement'? 2. What is 'comparative advertising'? Can 'comparative advertising' constitute 'trademark disparagement'? Author asserts that laws qua 'comparative advertising' in India owe their existence to the following case-laws of the U.K.- a. Cable & Wireless Plc v. British Telecommunications, 1998 FSR 383 b. Barclays Bank Plc v. RBS Advanta, 1996 RPC 307, Chancery Division c. Vodafone Group Plc v. Orange Personal Communications Services Limited, 1997 FSR 34 d. British Airways Plc v. Ryanair Ltd., 2001 FSR 32To see how laws qua 'comparative advertising' are positioned in India, author compares laws prevailing in the Indian jurisdiction with laws prevailing as such in U.K. and U.S.3. What is 'generic disparagement'? Does 'generic disparagement' constitutes 'trademark disparagement'? If yes, in what cases?4. What is the difference between "Puffing" and "Trademark Disparagement"?5. What is the difference between "Passing Off" and "Trademark Disparagement"?6. What are the different tests qua ‘trademark disparagement’? How is the 'single meaning rule' different from the 'multiple meaning rule'?7. How adjudication qua ‘trademark disparagement’ has taken place in India in the light of the following case-laws:I. Reckitt & Colman of India Ltd. v. M.P. Ramachandran & Ors., 1999 PTC (19) 741II. Pepsi Co. Inc. v. Hindustan Coca-Cola Ltd., 2003 (27) PTC 305 (Del) (DB)III. Dabur India Ltd. v. Colgate Palmolive India Ltd., 2004 (29) PTC 401 (Del)IV. Karamchand Appliances (P) Ltd. v. Sh. Adhikari Brothers, 2005 (31) PTC 1 (Del)V. Dabur India Ltd. v. Wipro Limited, 2006 (32) PTC 677 (Del)VI. Unibic Biscuits India (P) Ltd. v. Britannia Industries Ltd., MANU/KA/0240/2008VII. Dabur India Ltd. v. Colortek Meghalaya (P) Ltd., (2010) 44 PTC 254 (Del) (DB)VIII. Hindustan Unilever Limited v. Cavincare Private Ltd., 2010 (44) PTC 270 (Del)
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