https://www.taxtmi.com/caselaws?id=150761 Comparative advertising is permissible only if it stays within puffery and does not denigrate a rival's product; the commercials here were found to cross that line by mocking the competing drink and implying inferiority, so disparagement was made out. Trademark infringement was not established because the slogan and globe device were used in a mocking or parodying manner, not as an origin indicator or use in trade for the respondent's goods. Copyright infringement was made out where the later commercial reproduced the theme, sequence, and essential elements of the earlier advertisement, amounting to a substantial and material taking rather than mere inspiration. Relief was therefore limited to the impugned commercials and the roller coaster version in its existing form. en-us Mon, 01 Sep 2003 00:00:00 +0530 Tue, 09 Jul 2024 12:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=150761 Comparative advertising is permissible only if it stays within puffery and does not denigrate a rival's product; the commercials here were found to cross that line by mocking the competing drink and implying inferiority, so disparagement was made out. Trademark infringement was not established because the slogan and globe device were used in a mocking or parodying manner, not as an origin indicator or use in trade for the respondent's goods. Copyright infringement was made out where the later commercial reproduced the theme, sequence, and essential elements of the earlier advertisement, amounting to a substantial and material taking rather than mere inspiration. Relief was therefore limited to the impugned commercials and the roller coaster version in its existing form. Case-Laws Companies Law Mon, 01 Sep 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=150761