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Comparative advertising cannot infringe trademarks: Pepsi

The Delhi high court has admitted a lawsuit contending that trademarks cannot be infringed in the name of comparative advertising.

"The real issue is whether Coca-Cola has indulged in infringement of Pepsi's registered trademarks by using such marks without its permission in the comparative advertising which they are doing," Pepsi argued before a division bench of the high court on Monday.

The company was arguing against the order of a single judge rejecting its plea that its trademarks had been violated by rival Coca-Cola.

Judges Arun Kumar and R C Chopra admitted the plea and ordered that it be heard on November 29.

Holding that comparative advertising was 'fun and can be informative' judge C K Mahajan had on September 21 rejected Pepsi's plea that its trademarks had been infringed on.

Pepsi had cited four grounds on which its trademarks had allegedly been violated: use of the slogan Yeh Dil Maange More violated a Pepsi copyright, an advertisement for the sort drink Sprite copied a similar spot for Pepsi, the name Pepsi had been distorted to Puppy in an advertisement for the soft drink Thums Up and a Grow Up challenge to promote Thums Up disparaged Pepsi products.

Indo-Asian News Service
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