PT Barnum, an American showman, is believed to have said
"there's no such thing as bad publicity". In the past
few years, this seems to have become a mantra for businesses. While
most advertisements reflect the desire to outshine rival products,
there has been a recent trend of crossing the invisible line
between puffery and disparagement.
A clash recently arose between two giants in the fast-moving
consumer goods sector. A suit filed by Hamdard Group against Divya
Pharmacy seized the attention of the public and media, alike.
Hamdard, a manufacturer and seller of unani and ayurvedic
products for more than 100 years, produces sweet almond oil under
the brand Roghan Badam Shirin. In addition to having numerous
trademark registrations, Hamdard claims that Roghan Badam Shirin
bottles and boxes bear a unique trade dress, which due to
long-standing use since 1998, has garnered widespread goodwill and
reputation.
