Tag: Comparative advertising
February 12, 2021
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Intellectual Property | Trademark
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Intellectual Property | Trademark
The War of the Soaps on a pH Scale: HUL vs Sebamed
In an advertisement war against consumer goods major Hindustan Unilever Limited (HUL), a competing company, USV Private Limited, has dragged the former’s well-known brands Lux, Pears, Dove and Rin in an “open pH challenge”. USV’s advertising strategy has shaken up India’s affordable soap market that was otherwise confidently relying on lucrative advertisements by movie stars without any reference to scientific data. ......
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January 2, 2019
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Intellectual Property | Trademark
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Intellectual Property | Trademark
COMPARATIVE ADVERTISING AND PRODUCT DISPARAGEMENT: HORL...
Comparative advertisement and product disparagement are sensitive subjects to manufacturers of goods and services. Comparative advertising is a strategy used by companies to represent their product as superior in comparison to that of a competitor. When a comparative advertisement makes a comparison that is misleading and/ or derogatory, it crosses over into what is referred to as product disparagement. ...
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India’s New Deepfake Regulation: MeitY Notifies Amendments to Information Technology...
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On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics ...
The Registrar’s “Undo” Button: The Lambretta case and Section 19 of India’s Trademark Act
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Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge.
Data Protection as a Closing Condition: Rethinking Risk Allocation in Indian Tech Deals
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Data protection has historically been considered a compliance issue during transactions, which is generally identified during diligence and only tackled after closing ...
Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...
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Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...
Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?
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In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.
The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...
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The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...
When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity
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In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...
A Reset of India’s Export Import Rules
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To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...
The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration
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In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...
Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right
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In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...
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