COMPARATIVE ADVERTISEMENT, PRODUCT DISPARAGEMENT AND TRADEMARK INFRINGEMENT : INDIA, USA AND UK
“COMPARATIVE ADVERTISING, PRODUCT DISPARAGEMENT AND TRADEMARK INFRINGEMENT – INDIA, USA AND UK”
SUBMITTED BY: DHARA DOSHI
LLM II YEAR
NALSAR UNIVERSITY OF LAW, HYDERABAD
Table of Contents
INTRODUCTION 3-4
WHAT IS COMPARATIVE ADVERTISING 5-8
COMPARATIVE ADVERTISING IN USA AND UK 9-14
PRODUCT DISPARAGEMENT AND COMPARATIVE ADVERTISING 15-18
COMPARATIVE ADVERTISING IN INDIA 19-25
CONCLUSION 26
CHAPTER 1: INTRODUCTION
Advertising aims to promote the sales of the company, its products and services, and making the consumer informed about what all the product or services are meant to be. It is a way to make the public aware about what exactly the company is selling.
The fundamental determination of success of advertising is intended on sale probability of a product or service. Advertising is the promotional method of supplementing the purchasing of a product by a prospective consumer by making him aware of the dimensions and properties of such product.
Advertising actuates the buyer through consecutive stages such as awareness, comprehension or recognition, conviction and action. Advertising objectives may be divided into four stages of commercial communication which are explained below:
1. COGNIZANCE: The prospect must be informed about the subsistence of the brand or company in the market.
2. CONCEPTION: The prospect must understand what the product is and what it will do for him.
3. CONVICTION: The prospect must be mentally convinced to buy the brand or the product.
4. ACTION: The prospect takes meaningful action. Purchase decision is duly taken.
An act of advertising can also amount to unfair trade practice and it is not necessary that a business which has obtained adequate protection for its intellectual property against infringement and theft cannot be a victim of unfair competition by way of advertising. It is not required for the advertising to be
SUBMITTED BY: DHARA DOSHI
LLM II YEAR
NALSAR UNIVERSITY OF LAW, HYDERABAD
Table of Contents
INTRODUCTION 3-4
WHAT IS COMPARATIVE ADVERTISING 5-8
COMPARATIVE ADVERTISING IN USA AND UK 9-14
PRODUCT DISPARAGEMENT AND COMPARATIVE ADVERTISING 15-18
COMPARATIVE ADVERTISING IN INDIA 19-25
CONCLUSION 26
CHAPTER 1: INTRODUCTION
Advertising aims to promote the sales of the company, its products and services, and making the consumer informed about what all the product or services are meant to be. It is a way to make the public aware about what exactly the company is selling.
The fundamental determination of success of advertising is intended on sale probability of a product or service. Advertising is the promotional method of supplementing the purchasing of a product by a prospective consumer by making him aware of the dimensions and properties of such product.
Advertising actuates the buyer through consecutive stages such as awareness, comprehension or recognition, conviction and action. Advertising objectives may be divided into four stages of commercial communication which are explained below:
1. COGNIZANCE: The prospect must be informed about the subsistence of the brand or company in the market.
2. CONCEPTION: The prospect must understand what the product is and what it will do for him.
3. CONVICTION: The prospect must be mentally convinced to buy the brand or the product.
4. ACTION: The prospect takes meaningful action. Purchase decision is duly taken.
An act of advertising can also amount to unfair trade practice and it is not necessary that a business which has obtained adequate protection for its intellectual property against infringement and theft cannot be a victim of unfair competition by way of advertising. It is not required for the advertising to be