Category Archives: Comparative Advertising

Comparative Advertising

Rin v. Tide III: ASCI Steps into the Picture


If news reports are to be believed, the Advertising Standards Council of India (ASCI) has received complaints against HUL from two consumers against the controversial Rin advertisement. The general secretary of ASCI, Allan Collaco has said that a notice to HUL will be issued on Wednesday and HUL will be given a 15-day period to respond. Apparently, there are a few complaints pending against HUL in connection with other ads too. Last month, P&G reportedly lodged a complaint against HUL…


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Comparative Advertising

Rin v. Tide II: Has Tide (P&G) Gone to Court?


In the last two posts, I had discussed the facts of the Rin-Tide controversy and the position of the law on comparative advertising. It appears that mainstream media has finally woken up to the matter. A column in the Economic Times today reports on the controversy and adds that a source from HUL has said that Procter and Gamble, the owner of Tide has gone to Court on the advertisement. The source further informed ET that employees at HUL have…


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Comparative Advertising

Rin v. Tide I: What is the Law?


SpicyIP Wishes all its Readers a Safe n Happy Holi! May Rin and Tide become friends this Holi! (Wouldn’t it be anti-competitive then?) (The conclusions originally arrived at in this post have been slightly altered after a bit of deliberation) In my last post, I had discussed in brief the recent advertisement for Hindustan Unilever’s detergent brand “Rin”, in which a rival brand “Tide” figures prominently. Quite a few comments to that post referred to the Horlicks v. Complan judgment…


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Comparative Advertising

Rin v. Tide: Taking Indian Advertisement to a Different Level… (below the belt?)


  “Bold and brash” is in and it’s the new chic(k?). Gone are the days of harmless understated advertisements (Oh I am not complaining at all, maybe I will after a few decades, but not now). If Deepika Chikhalia was the epitome of the “Bharateeya Naari” (thanks to Ramanand Sagar’s “Ramayan”) for “Nirma Super” for what seems like ages ages ago, the new set of female characters in advertisements for detergent powders appear to be scheming conniving “saas-bahu” types straight…


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Comparative Advertising

Commercial Disparagement: A New Approach to ‘Puffing’?


A recent judgment of the Madras High Court (Colgate Palmolive v. Anchor, O.A. Nos. 493 and 494 of 2008 in C.S. No. 451 of 2008) appears to have modified the law relating to comparative advertising in cases of commercial disparagement, particularly in relation to ‘puffing’.   Puffing is, in general, a superlative claim made about one’s product; and is typically understood as so superlative that an average consumer would not believe the claim. For instance, a claim that “CCC coffee…


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Comparative Advertising Trademark

SpicyIP Tidbits: Harpic vs Domex: an Indian Water-Loo


Another pair of FMCG majors in India have gone to the mattresses in yet another comparative ad case (there seem to have been a spate of these of late). Reckitt & Benckiser India (R&B) has moved the Delhi High Court seeking restraint on a Domex – Hindustan Unilever (HUL) ad that has allegedly brought discredit to its own brand Harpic. The court has reserved judgement on the matter. An agency article on this case can be found in BS which…


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Comparative Advertising Trademark

SpicyIP Tidbits: SC refuses to grant Ranbaxy relief in comparative ad case


The Supreme Court refused to stay a Gujarat High Court decision restraining Ranbaxy from airing its controversial ads directed against Paras Pharma’s ‘Moov’ brand. BS has picked up an agency report on this here. The Supreme Court today refused to give any relief to pharma major Ranbaxy Laboratories that is seeking permission to air its advertisement which allegedly disparaged “Moov”, the pain reliever brand belonging to its rival group Paras Pharmaceuticals. The Gujarat High Court, while allowing Ahmedabad-based Paras’ appeal,…


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Comparative Advertising Copyright

Be a Sport..


Copyright related controversy has dogged the Super Bowl for the last two years as the NFL has tried to strictly enforce a ban on public exhibitions of its games on TV sets or screens larger than 55 inches because smaller sets limit the audience size. However the section of federal copyright law giving the NFL protection over the content of its programming makes an exemption for sports bars. This has created a furor amongst American churches which had created a…


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Comparative Advertising Trademark

Brittania gets the better of Unibic in Court: Not Having Such a "Great Day" After All!


We bring to you a guest post from Kruttika Vijay , a brilliant fourth year law student from NALSAR, Hyderabad, one of the India’s premier law schools. I greatly enjoyed reading her note, and am sure you will too. It deals with the controversial and highly entertaining issue of comparative advertising. And centers around on a recent case where an Indian court had injuncted a comparative advertiser. As many of you may know, Indian ad’s are some of the most…


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