In the battle to acquire higher market shares, advertising and marketing strategies seem to play a key role. While catching the ‘Consumer’s Eye’ is the primary objective, portrayal of competitive brands as the ‘inferior lot’, is perhaps the easiest and most sought after strategy. The present Intellectual Property Laws in this concern do address felonies such as copyright infringement, piracy of designs, replication of trademarks and the like, but as far as comparative advertising goes, the laws have little to say. The most recent battle in this regard involving Dabur India Ltd, and Wipro Sanjivini, throws light on this very issue.
The plaintiff, Dabur India Ltd under its trademark ‘Dabur’ is involved in manufacturing and marketing of pharmaceuticals, Ayurvedic medications, toiletries and other associated products. Dabur Honey one of its most popular commodities earns the company a profit of about Rs. 50 Crores alone and incurs about Rs. 3.4 Crores as promotional and marketing
