Scrutinizing The Concept Of Trademark Infringement Vis-À-Vis Comparative Advertising

Scrutinizing The Concept Of Trademark Infringement Vis-À-Vis Comparative Advertising And Product Disparagement: Key Provisions, Judicial Holdings & Legal Remedies

Muskaan Bhasin, BBA LL.B (H), School of Law, Bennett University.

ABSTRACT

“Trade mark” refers to a mark which is capable of being depicted graphically and of being differentiated against the goods or services of others – this may include a particular shape, packaging, or color combination, etc. The trade mark may have a strong reputation and frequently transform into a symbol of quality or a stamp of its origin. Trademark protection is essential for both honest business owners and the general public’s protection from deceit and fraud. The Trade Mark Act of 1999 grants the owner of a trade mark certain statutory rights and provides a practical method of defending such rights against infringement. Infringement of a registered trade mark is a recognized concept under Section 29 of the Trade Mark Act of 1999. On the other hand, comparative advertising is all about representing a product in a way that allows customers to make more reasonable and educated purchase decisions, while also boosting consumer information and brand comprehensiveness. This has bypassed the notion of traditional advertising while also bringing in new difficulties such as trademark infringement, product disparagement and unfair competition practices. Comparative advertising enables one to showcase their products as the greatest in the world by contrasting them with others however, it does not permit them to disparage the products of competitors. Through this paper, the researcher has attempted to analyze the legal complexities surrounding the idea of trademark infringement while also shedding light on comparative advertising with reference to Sections 29(8) and 30(1) of the Trademark Act, 1999; further questioning whether such activities amount to unfair trade practices and when it leads to trademark infringement.

Keywords: Trademark, unfair competition, infringement, comparative advertisement, product disparagement.