Comparative Advertisement in India: A Judicial Analysis

Abstract

Advertising is key to success. Brands spend exorbitantly on the advertising and marketing of their products and services to attract consumers. The market is highly competitive and to survive in the hostile market economics, businesses often compare their products with others to showcase their credibility. Though to an extent, it is permissible and genuine to compare, when the comparative advertisement exceeds the limitations to disparage the products and services of other businesses, suits with regard to infringement are filed by the aggrieved. As in the modern world, almost all businesses register their trademarks under the respective legislations, they can file suit of infringement with regard to the comparative advertisement which disparages or damages the reputation of one’s trademark. The research intends to deal with the concept of comparative advertisement and its legality referring to various judicial decisions.