According to a decision by the Delhi High Court, distinctive components of advertising campaigns can be legally protected under intellectual property law. Vini Cosmetics Pvt Ltd and Bright Lifecare Pvt Ltd were at odds, and the court was making a decision.
In 2018, the health supplement MuscleBlaze Brand sponsored an advertisement campaign called “Ziddi Hoon Main”! Words like “Zidd” and “Ziddi” were employed by its creative team to convey the idea of a person who isn’t easily defeated.
The manufacturer of deodorant brands like Fogg, Vini Cosmetics Pvt Ltd, was sued by MusclBlaze. Another brand of the corporation used the slogan “Ziddi Perfume,” claiming that MusclBlaze’s advertisements were conceptually and visually identical.
Vini was ordered by the Delhi High Court to take down the two advertisements. However, it was made clear that Vini was free to edit their advertising to remove the offensive frames and re-launch them without any restrictions on using the terms or expressions “Zidd” or “Ziddi.”
The court would not grant an injunction against a competing campaign because it may “stifle innovation” unless and until there is significant distinctiveness and a strong chance of confusion or deceit, according to Justice Prathiba M. Singh.
Thus, according to the law, an advertising campaign can be protected if it identifies the source and has come to be associated with the plaintiff.
An integrated marketing communication is made up of a number of advertising messages that all have the same idea and theme (IMC). A platform known as an IMC allows a collection of people to combine their views, ideas, and ideologies into one sizable media base. Advertising campaigns use a variety of media over a set period of time and aim at specific demographics.
The campaign theme serves as the primary emphasis of the advertising campaign and serves as the main message that will be communicated through promotional activities. It establishes the tone for the many individual advertisements and other marketing materials that will be used. Although the campaign themes are typically intended to be employed for a long time, many of them are only effective temporarily due to market conditions, competition, and marketing mix.
“There cannot be a monopoly or exclusivity on depicting a muscular individual working out in a gym, but the way the concept is expressed must be unique. Once more, it’s not acceptable to monopolise the depiction of someone hitting a bag, but the expression must be unique. According to the Court, the expression in the contested ads is a passable replica of the Plaintiff’s advertising commercial.
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