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“The primary basis for marketer’s interests in this phenomenon is its potential for increasing profits through market share gains.”

Advertisement can be divided in three types

1. NCA (Non comparative advertisement)

2. ICA (Indirectly comparative advertisement)

3. DCA (Directly comparative advertisement)

Although marketers are attracted to comparative advertising because of its supposed persuasive influence upon consumers, there is little published data available to substantiate the claim that it is more persuasive that NCA’s.

Federal Trade Commission in US and EU both promoted comparative advertisement because it enables consumers to reach more informed and rational purchasing decisions, increasing consumer information and comprehensive of the brand in the process. There appears to be an underlying assumption that comparative advertisement is in the interest of the consumer despite the absence of any real evidence. EU report specifically states that the advertisement should not be required to restrict the content of advertisements to purely objective information as that runs counter to the very spirit of advertising. Instead it is said that the person who should be assumed to be the information independently in the light of his/her own particular preferences and needs. Although it has been suggested by some that there is a lack of evidence to substantiate the claim that comparative advertisement are effective in term of their persuasive value, other argue is that there is due in part to the inadequate of the system by which such preference swing are measured. The net result is that there remains no clear evidence that comparative advertisement actually result in changed purchasing decisions.


Continue reading:
Part-1: Background of Comparative Advertising in light of Indian trademark and patent Laws
Part-2: Introduction Comparative Advertising in legal framework.
Part-3: Comparative advertising and its connotation in Constitution
Part-4: Legal provisions regarding trademark in India with reference to Comparative advertising
Know Indian Trademarks Act, 1999
Part-5: Comparative Advertising and Infringement of Trademark
Part-6: WHY USE COMPARATIVE ADVERTISEMENT
Part-7: Position across world on Comparative Advertisement

 


 

MOISE BOJINCA, THE CONCEPT OF COMPARATIVE ADVERTISING AND ITS CONDITIONS OF LEGALITY, Faculty of Juridical Sciences, University “Constantin Brancusi” of TarguJiu, Romania. (https://www.law.muni.cz/sborniky/dny_prava_2009/files/prispevky/zvysovani_konkurence/Bojinca_Moise.pdf)


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Kajal Dubey

Experience Legal Consultant with MNC, Legal Compliance, Legal document Preparation , Legal Writing.

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