Comparative advertising is a tool where a clear differentiation between the products can be shown, however care should be taken that the products in comparison should not be degraded or shown in bad light.

In many cases the court is of the opinion that, it is right of the trader to promote his product and make visual impact on the consumer where he can talk about the efficiency of his product, and while doing so he can mention things that are not a completely 100% correct. To earn the competitive advantage but at the same time he should not disparage the products of the competitors. In the changing times due to globalization and liberalization a thorough competition is going on between the market players. While doing so they are tempted to do certain acts which are not in line with the provisions of Trademark Act, the Competition Act and the Consumer Protection Act. The various Acts were enacted taking into consideration the benefit of the consumer for e.g. the trademark act was enacted so that the consumers can differentiate the products of one manufacturer from another, but in the recent times it has become a tool for brand fighting between the companies.

Comparative advertising is a good idea to emphasize ones product, but when this healthy practice is used as unfair trade practice, it hinders the growth of competitive market. Hence, provisions in the Competition Act and the Trademarks Act should provide for clear provisions of the activities which can be considered as unfair trade practice and the companies should try and promote their products for the benefit of the consumer.

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
Part-8: Case study: Regarding comparative advertising


1 Joseph R. Priester & John Godek, Brand Congruity and Comparative Advertising: When and Why Comparative Advertisements Lead to Greater Elaboration, JOURNAL OF CONSUMER PSYCHOLOGY, 14(1&2), 115-123. (https://msbfile03.usc.edu/digitalmeasures/priester/intellcont/2004jcpcongruity-1.pdf)

2 Dr. Owen Dean, Intellectual Property and Comparative Advertising. (http://blogs.sun.ac.za/iplaw/files/2012/08/Intellectual-Property-and-Comparative-Advertising.pdf

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Kajal Dubey

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