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Trademark Infringement Through Product Disparagement In Comparative Advertisements

LawZ Magazine

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June 2018

Trademark Infringement Through Product Disparagement In Comparative Advertisements

Trademark Infringement Through Product Disparagement In Comparative Advertisements

Once, in a class of students, teacher drew a line on the black board and asked the students to shorten it. The condition was that it must not be erased. Students kept trying and nobody could shorten it without touching the line. Then, among them one student came and drew a line longer than the one drawn by the teacher. Thus the former line was shortened without being touched. This is what comparative competition actually means.

The world today is the world of consumerism. Consumerism is on its rise and the velocity is very high. Every year, over 20,000 products are added to the world market from 49 countries. The common objective of the companies producing such goods is to maximize their profit. They invest a lot of money on research and development of their products. The marketing is mainly done through advertisements. Advertisements are the methods to let the people be aware of their products. On the other hand, they want to make the consumers believe that whatever product they use is outdated, and that, they are supposed to skip to the latest in order to be called modern. The research and development by a company on the same product, makes the product more effective and efficient. Then, the campaign starts for promoting the new product and to undermine the older ones. This increases, undoubtedly, the quality of the products as well and innovation keeps on happening. Besides, it keeps Consumerism accelerating on its way.

Comparative advertisements

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