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Advertisers Freedom To Make Ads

IP and Legal Filings

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

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Serious Comparative Advertising: Broadening the Definition

SpicyIP

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition.

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Lower Price Alternative? Comparative Advertising and Trademark Infringement

IPilogue

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective.

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Marketing and IPR

IP and Legal Filings

When used in a marketing context, the brand has two primary goals: first, to represent the company in public to create maximum awareness and recognition for the organization and its business proposition. For a marketer, a brand is what represents the values of a company and aims to create awareness and trust.

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gray marketer's counterclaims against Toyota survive, but it still must defend itself

43(B)log

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. The court declined to dismiss the counterclaims.

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Trademarks from a Marketing Perspective

Kashishipr

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. Noting the Difference between a Brand and a Trademark.

Marketing 105
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Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

SpicyIP

student at Amity University (School of Law), Kolkata. Domex Advertisement: Product Disparagement or Nominative Fair Use? Advertising is an important factor in deciding a product’s future success. Legal Position on Comparative Advertisement. The advertising of one’s own goods is not prohibited.

Fair Use 105