International Law

See you in court ?

By Apar

Ambush marketing was at play again when Airtel sought to launch its DTH services. Airtel to build up pre-launch hype ran an ad campaign which teased viewers with the display of a red sofa and a voice over, “See you at home”. The wily advertisers at rival Big TV, a bussiness concern of the Reliance Group subsequently ran a campaign which displayed a red sofa, used the voice over as well as displayed the Big TV brand prominently. This is reminiscent of Pepsi Co’s “nothing official about it” marketing campaign to counter Coca-Cola bieng the official sponsor of in the 1996 Cricket World Cup.  It is apparent that such gurella advertising causes a loss of goodwill above the obvious gotcha!

So what are the legal recourses available in such a situation to Mr. Bharti Mittal against Mr. Anil Ambani ?? None, if you rely on ICC Development (International) Limited v. Arvee Enterprises and Anr (Ia No. 9854/2002 In Suit No. 1710/2002). The judgement after noting that the action falls outside the scope of the Trademarks Act notes that even a passing off action cannot be maintained ! It states that “ambush marketing” is a bussiness term and passinf off actions do not cover it. Strange as it may sound there does not seem to be a developed body of law as well asany recourse for corporates who are victims of ambush marketing.

Full post as published by India Law & Tech on October 07, 2008 (boomark / email).