The print and electronic media we are dealing with not only review static and current reports on day-to-day events, but also largely understand advertisements associated with a variety of products. The earliest attempt that brand owners consider when advertising their products is to get the maximum attention from the viewer while at the same time showing that their brands are far better than the competition.
Almost all the brands we talk about today have a joke that helps them be recognized in the first place. These ads have occupied the most significant place in the world today and are the most basic element of marketing strategies. However, with the advancement of science and technology, new advertising techniques are regularly observed from time to time. The use of animations, digital signs and sound marks are, to name a few.
One of those famous trends is the demonstration of scientific or laboratory observations regarding the wide range of products ranging from toothpastes to cosmetics. Brand owners adopt various strategies to prove that their product is better than the other instead of proving that their product is the best. Comparative advertising is a marketing strategy where a particular product or service specifically mentions its competitor to express the purpose of why your competitor is not superior to it. Comparative advertising is also defined as advertising in which two or more brands advertise each other, leading the audience to a conclusion.
Intellectual property (IP) contributes greatly to our national and state economies. Dozens of industries in our economy depend on the proper enforcement of their patents, trademarks, and copyrights, while consumers use intellectual property to ensure they are buying safe and guaranteed products. Intellectual property rights are worth protecting, both nationally and internationally. This is because;
(a) Intellectual property drives economic growth and competitiveness
(b) Strong and enforced intellectual property rights protect consumers and families
(c) Intellectual property helps generate innovative solutions to global challenges
(d) Intellectual property rights encourage innovation and reward entrepreneurs
As creative professionals, we often have a good idea of what the things we create entail. For example, a web designer can look at a website and have a good idea of what it took to design it. Also, a graphic designer can look at a logo and get an idea of the tools that were used to create it. But all too often, we don’t understand what parallel creative professions entail. Here we are talking about the time used for each creative endeavor, the energy and effort required by the creative work, the actual capital and investment involved, and also the education and professional experience related to it.
One must be very sure that violating the intellectual property rights of others devalues our own work. We contribute to a culture that thinks there is nothing wrong while copying the creations of others without compensating them for it. Therefore, intellectual property rights are one of the most important aspects of the creative world and must be respected by those who are part of that world.
Comparative advertising is the form of advertising in which a comparison of goods and services is presented to consumers. Such comparative advertising is basically profit oriented as it aims to increase the number of customers who prefer the product over any other product available on the market. Under trademark law, a trademark owner generally has the right to use his trademark on products in such a way that his products or services acquire a particular identity and therefore distinguish him from any other product. Similarly, a trademark owner has the right to use his trademark for advertising purposes.
However, in the era where global competition is at its peak and at risk of losing consumers, comparative advertising is on trend. On the other hand, this raises consumer concern. Hence, it becomes the need of the moment to understand the law in relation to comparative advertising.