Comparative Advertisement And Its Relation To Trademark Violation An Analysis Of The Indian Statute

Article English OPEN
Fernandes, Semila (2013)
  • Publisher: Journal Of Business Management & Social Sciences Research
  • Journal: Journal Of Business Management & Social Sciences Research (issn: 2319-5614, eissn: 2319-5614)
  • Subject: Business Management; Brand Management | comparative advertising; infringement; trademark

The research topic Comparative advertisement and its relation to trademark violation An analysis of the Indian Statute will help unfold the various dimensions of comparative advertising and its impact on the registered trademarks of the owners. The Courts of different jurisdiction have analyzed this research area in different perspectives depending on the current situation of their competitive market economy and have hence tried to satisfy their stakeholders of advertising agencies to promote the concept of Comparative Advertisement in a manner that will be acceptable by fair and honest means.The methodology adopted is mainly by interacting with the intellectual property consultants, professors of law and mostly by way of secondary data which includes textbooks, reference books, internet books, articles, journals, newspapers and unpublished material.The research will proceed step by step right from understanding the concept of TM, CA and then how the individual Indian Courts have analyzed them by elaborately conceptualizing on the cases pertaining to various situations.Finally from this research topic I will be in a position to know how far this topic on CA has been taken up by the courts and its impact on the advertisers and the consumers.
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