https://www.taxtmi.com/caselaws?id=197710 Comparative advertising becomes actionable disparagement and trade mark infringement when it uses a rival's distinctive get-up, colour scheme or trade dress to convey a denigrating or misleading message to the average consumer. The impugned television commercial was found to resemble a well-known pain-relief ointment's pack, to describe the advertiser's product as the "true pain reliever," and to compare it with a non-existent product, which the Court treated as dishonest commercial practice. By adopting a deceptively similar visual device, the advertiser was held to take unfair advantage of the rival's reputation and risk detriment to its mark, justifying injunctive relief. en-us Thu, 21 Feb 2008 00:00:00 +0530 Fri, 12 Jan 2018 17:39:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197710 Comparative advertising becomes actionable disparagement and trade mark infringement when it uses a rival's distinctive get-up, colour scheme or trade dress to convey a denigrating or misleading message to the average consumer. The impugned television commercial was found to resemble a well-known pain-relief ointment's pack, to describe the advertiser's product as the "true pain reliever," and to compare it with a non-existent product, which the Court treated as dishonest commercial practice. By adopting a deceptively similar visual device, the advertiser was held to take unfair advantage of the rival's reputation and risk detriment to its mark, justifying injunctive relief. Case-Laws Companies Law Thu, 21 Feb 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197710