Consumer Protection Act, 1986

Section 2(l)(r)(l)(i) and (vi) — Comparative advertisements — Intangible property right in the advertised description of a product by a manufacturer — by virtue of an advertising campaign a manufacturer gives his product a distinctive character which the market exclusively associates with the product or the manufacturer—Every nutritional drink has to be allowed the freedom to puff and emphasize on the features of growth that will result in its user gaining height, weight and mental sharpness for these are but attributes of growth that a nutritional drink would seek to profess — plaintiff and the first defendant use different grammatical variations of the words "tall" and "strong" and that "sharp" and "bright" are distinct, albeit bearing the same sense that is sought to be projected — If in puffing its product, the plaintiff and the first defendant hit upon features that are generic to the nature of the product, the earlier user or the bigger player or the larger spender cannot claim exclusivity on the epithets.