Journal of Intellectual Property Rights

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Advertisements are designed to introduce products and services to prospective consumers. Every company wants to leave most impact on a consumer in the short duration of an advertisement and hence, advertising wars between market players dealing in similar products/services is not new. In common parlance, this is known as “comparative advertising”. These comparisons are sometimes veiled and sometimes blatant. This paper discus the law related to comparative advertising in India. It discus issues involved in comparative advertising and looks at more recent evolution of case law wherein courts have factored consumer interest in deciding cases of comparative advertisements. The paper notes legal position in other jurisdictions and highlights various competing interests involved in cases related to comparative advertisements.

Keywords

Comparative Advertising, Trademark, Trademark Infringement, Product Disparagement, Unfair Competition, Injunction, Trade Marks Act, 1999, Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, Competition Act, 2002, Advertising Standards Council of India, Consumer Complaints Council.
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