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The Era of Comparative Advertising

The print and electronic media that we are dealing with does not only canvas the static and current reports about the day-to-day events, but they heavily comprise the advertisements associated with a variety of products. The prior most attempt that the brand owners have into consideration while advertising their products is the gain of maximum viewer attention and at the same time proving their brands far better than the competitors.

Almost all the brands, that we talk of today do have a punch-line which helps it getting recognized at the first instance. These advertisements have taken the most significant place in today's world and form the most basic element of marketing strategies. However with the advancement of science and technology, newer advertisement techniques are being witnessed regularly, every now and then. Use of animations, digital sign boards and sound marks are to name a few.

One of such famous trends is the demonstration of scientific or laboratory observations in relation to the wide range of products ranging from tooth-pastes to cosmetics. The brand owners adopt various strategies in order to prove their product better than the other rather than proving that his product is the best. Comparative advertising is a market strategy where a particular product or service specifically mentions about his competitor for expressing the purpose that why his competitor is not superior to him. Comparative advertising is also defined as the advertising where two or more brands are advertised to one another which lead the audience end to a conclusion.

Intellectual property (IP) contributes enormously to our national and state economies. Dozens of industries across our economy rely on the adequate enforcement of their patents, trademarks, and copyrights, while consumers use IP to ensure they are purchasing safe, guaranteed products. IP rights are worth protecting, both domestically and abroad. 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 Breakthrough Solutions to Global Challenges
(d) Intellectual Property Rights Encourage Innovation and Reward Entrepreneurs

As creative professionals, we often have a good idea of ​​what goes into the things we create. For example, a web designer can look at a website and have a good idea of ​​what went into designing it. Further a graphic designer can look at a logo and get a sense of what tools were used to create it. But all too often, we don't understand what goes into parallel creative professions. Here we are talking about the time utilized for every creative endeavor, the energy and effort that the creative work requires, the real capital and investment involved and furthermore the education and professional experience related to it.

One should be very sure that violating the intellectual property rights of others devalues ​​our own work. We're contributing to a culture that thinks there's nothing wrong while copying the creations of others without compensating them for it. Hence Intellectual property rights are one of the most important aspects of the creative world and are in need to be honored by those who are part of that world.

Comparative advertising is the form of advertising where a comparison of goods and services is being presented to the consumers. Such comparative advertising is basically profit oriented as it is intended to increase the number of customers preferring the product over any other product available in the market. Under the trademarks act, usually a trademark holder has the right to use his trademark over the goods in a way so as to make his goods or services gaining a particular identity and hence distinguishing it to any other product. Similarly a trademark holder has the right to use his trademark for the purpose of advertising.

However in the era where the global competition is on its height and with the risk of losing one's consumers, comparative advertising is on its trend. This raises the concern of the consumers on the other hand. Hence it becomes the need of the hour to understand the law in relation to the comparative advertising.

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