MAM
Brands using trademarks in defence of dishonest claims is an unfair practice: Asci and K&S Partners report
Mumbai: Asci and K&S Partners in a recently released whitepaper titled “Misleading Advertisements and Trademarks-A Registration Conundrum” identified the practise and instances of brands making misleading claims and representations through the use of trademarks.
It has often been noted that businesses register misleading or even deceptive descriptive or laudatory terms, slogans, etc. as trademarks. These words describe the product’s unsupported nature, quality, or quantity, which ends up misleading consumers. For instance, a sweater brand called “All Wool” implies that it is made of wool. However, if the actual products are not made entirely of wool, such a trademark can be misleading. Similarly, a product with the trademark “Wholewheat Marie,” which contains refined flour as the dominant ingredient, misleads consumers as to the health and nutritional values of such products. The use of such trademarks that falsely describe product attributes is a potential breach of both the Consumer Protection Act and the Asci code.
Brands and advertisers often cite trademark registrations as a defence. These words or phrases mislead consumers. However, this paper argues that such a defence is not valid as making misleading representations violates the Asci code, the Consumer Protection Act, and the Trade Marks Act itself. The paper calls for greater scrutiny and restraint in permitting descriptive trademarks for brands and to ensure that such trademarks are not a false representation of the product.
Asci CEO & secretary general Manisha Kapoor said, “At Asci we see cases where the advertiser uses a trademark registration to defend their direct or implied claims, asserting that a trademark registration means that the claim is good in law. This is not true, and we would ask brands to be cautious in using untrue, exaggerated or misleading phrases to describe their products, whether trademarks or not.”
K&S Partners’ Prashant Gupta said, “The issue concerning false, unsubstantiated, and dishonest advertisements, under the guise of descriptive or laudatory trademarks, is grave. Protecting consumers from deception is one of the principal tenets of the Asci code, the Trade Marks Act, and the Consumer Protection Act. The trademark office needs to raise the threshold for descriptive or laudatory trademarks, failing which, protecting consumers’ rights from fraudulent marks and making informed choices would be severely compromised.”
Check the full report here: https://ascionline.in/images/pdf/misleading-ads-and-trademarks.pdf
MAM
Karnataka clears Rs 4,824 crore investment projects across 13 districts
37 new industries approved, projects expected to create 14,525 jobs.
MUMBAI: If investment is the fuel of economic growth, Karnataka has just stepped on the accelerator. The Government of Karnataka has approved industrial projects worth Rs 4,824.31 crore, a move expected to generate 14,525 new employment opportunities across the state, according to a report by Press Trust of India. The approvals were granted during the 158th meeting of the Karnataka State Level Single Window Approval Committee, chaired by state industries authorities.
Karnataka industries minister M B Patil said the committee cleared 37 new industrial proposals and two additional investment projects spread across 13 districts, including Vijayapura, Bagalkote, Chitradurga, Kolar and Ramanagara.
The projects span a wide range of sectors such as information technology infrastructure, sugar manufacturing, technical textiles, compressed biogas, aerospace, jewellery manufacturing, electronics, software services and hospitality, including five star hotel development.
Patil said the diverse mix of industries reflects Karnataka’s strategy of attracting investments across both traditional manufacturing sectors and emerging technology driven industries.
Of the total proposals cleared, 22 projects fall under the large and medium industry category, each involving investments of more than Rs 50 crore.
Together, these projects account for Rs 3,908.68 crore in investment and are expected to create approximately 12,475 jobs.
Another 15 projects are classified as new industrial ventures with investments ranging between Rs 15 crore and Rs 50 crore. These projects collectively represent Rs 350.60 crore in investment and are expected to generate around 1,750 jobs.
In addition, the committee approved two further projects worth Rs 565.03 crore, which are expected to create about 300 employment opportunities.
Among the notable proposals cleared by the committee is a major information technology infrastructure development project by Bagmane Constructions Private Limited with an investment of Rs 494.65 crore.
Another significant project involves Karnataka Bangaru Sugars Pvt Ltd, which received approval to establish a sugar manufacturing facility worth Rs 443.50 crore.
In the textiles sector, Kleine Pax Ltd secured approval to set up a technical textiles manufacturing unit involving an investment of Rs 376 crore.
The hospitality sector also saw a major proposal, with Trishul Buildtech and Infrastructure Pvt Ltd receiving approval to develop a five star hotel project worth Rs 300 crore.
Meanwhile, the state also cleared a compressed biogas production facility by Troult Grass Pvt Ltd involving an investment of Rs 257.77 crore in Mudhol.
In the electric mobility segment, Tsuyo Manufacturing Pvt Ltd has been approved to set up a motor and controller manufacturing facility for electric vehicles, with an investment of Rs 250 crore.
Officials said the distribution of projects across multiple districts is expected to strengthen regional industrial development and expand employment opportunities beyond the state’s established technology hubs.
With the approvals spanning sectors from traditional manufacturing to next generation technologies, Karnataka aims to reinforce its position as one of India’s leading investment destinations while supporting job creation across diverse industries.
