Legal-Lines

  INTRODUCTION The word ‘Disparagement’ carries with itself a special significance in the field of trademarks. Disparagement in the aforesaid area means that when the reputation of a registered trademark is derogated or denigrated by one way or the other, it takes the form of infringement within the functional domain of the IPR.  One of the methods by which disparagement of a trademark may occasion is by way of comparative advertisements. When a trader puffs his product to the extent of derogating a competitor’s product, such commercial advertisement would be liable to be restrained on account of being disparaging to the competitor or his products. The case at hand, PEPSI CO. INC. V. HINDUSTAN COCA COLA LTD.  deals with one such aspect of disparagement of trademarks through commercial advertisements.  FACTS The appellants, Pepsi company incorporation, had filed a suit against Hindustan Coca Cola for infringement of its trademark and copyright with respect to the foll...

The word ‘Disparagement’ carries with itself a special significance in the field of trademarks. Disparagement in the aforesaid area means that when the reputation of a registered trademark is derogated or denigrated by one way or the other, it takes the form of infringement within the functional domain of IPR.  One of the methods by which disparagement of a trademark may occasion is by way of comparative advertisements. When a trader puffs his product to the extent of derogating a competitor’s product, such commercial advertisement would be liable to be restrained on account of being disparaging to the competitor or his products. Section 29 (4) of the Trade Marks Act, 1999 states  that when a mark is used by a person in a course of trade which is identical or similar to a registered trade mark and is used in relation to goods and services different from those of the registered trade mark owner, and such trade mark has a reputation and use of that mark takes unfair advantage of...