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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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Can an advertising slogan function as a trademark?

Garrigues Blog

The exclusivity granted to the trademark owner is conditional upon the capacity of the mark in question to differentiate between different companies and services on the market. Marta González Aleixandre Garrigues Intellectual Property Department La entrada Can an advertising slogan function as a trademark?

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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. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

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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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Lower Price Alternative? Comparative Advertising and Trademark Infringement

IPilogue

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. Yet, judicial interpretation of this section has effectively limited its applicability.

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

SpicyIP

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

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