Category Archives: Comparative Advertising

Comparative Advertising Trademark

Comparative Advertising ― Havells v. Eveready: Who’s the brightest of them all?


As is known, every product has different features/characteristics and advertisers like to highlight only the most advantageous features and consequently remain silent on the weaker aspects of their products. In this regard, the main issue in Havells v. Amritanshu was whether or not an advertisement which compares one product with a similar rival product must necessarily compare all its features in order for it to be an ‘honest’ advertisement. The Delhi High Court held that failure to compare all the…


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Comparative Advertising Trademark

Guest Post: Honesty in Disparagement – Colgate v. HUL


Spadika brings us her third entry to the SpicyIP Fellowship applicant series in this interesting post where she examines the recent Colgate v. HUL decision on comparative advertisements. You can view her previous posts here. Honesty in Disparagement- The Delhi High Court decision in Colgate v. HUL In a recent decision of the Delhi High Court, the controversial Pepsodent advertisement that compares the Pepsodent Germicheck Powder with Colgate Dental Cream has been held not to be per se disparaging. However, the…


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Comparative Advertising Trademark

Reckitt v. HUL- the tale of comparative advertising


In the last week of September, the High Court of Calcutta issued a judgment on the issue of comparative advertising in the dispute between  Reckitt Benkiser (India) Ltd. v. Hindustan Unilever Ltd.  This is the third matter between the two parties on the issue of comparative advertising. Our posts on the earlier two matters can be found here and here. The dispute was with respect to four advertisements published by both parties concerned. The first advertisement portrays Dettol Kitchen Gel…


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