Commercial advertisement is a shape of commercial speech and it is given protection under Article 19(1) (a) of Indian constitution. But the commercial speech should not be deceptive unfair and misleading and untruthful which is hit by Article 19(2) so it can be prohibited by states if any of these above mention event occur.

In accordance with Article 19(1) (a), the fundamental right to freedom of speech and expression is defined, thus allowing individuals to express their views and opinions but also see to the fact that sovereignty and integrity of India is maintained has to be looked after This has allowed the businessmen and advertising agencies to advertise their product in the manner they prefer.

This freedom has resulted in use of trade names in comparative advertising when the tradename is infringed or passed off. When the trademark is registered it results in infringement whereas passing off is remedy derived from common law where the trademark is similar and used deceptively in the advertisement.

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

 

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Kajal Dubey

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

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