Advertising And Trademark Infringement In India

Vanshika Oberoi, IP Attorney

ABSTRACT

Comparative advertising is all about a product claiming to be something that another product or service isn't. Every brand's marketing strategy nowadays is to claim superiority over the competition. In general, comparative advertising benefits new or unknown brands. Consumers can make more rational and informed purchasing decisions thanks to comparative advertising, which increases consumer information and broadens the scope of the brand in progress. Although India lacks a specific law for comparative advertising like the United States and the United Kingdom, the Delhi High Court has issued several decisions in this area. Comparative Advertisement is also mentioned in the Monopolies of Restrictive Trade Practices Act of 1984 and the Trademark Act of 1999. Commercial speech includes advertisements. As a result, it is included in the Indian Constitution's Article 19(1)(a) guarantee of freedom of expression. Comparative advertisements are divided into two types: those that directly compare competing products and those that compare competing products indirectly. While both forms of comparative advertising are permitted in some countries, such as the United Kingdom, comparative advertising is prohibited in others. Comparative advertising, on the other hand, is legal because a trader does not project or say that his competitor's goods are inferior or undesirable while comparing the goods. All he can do is exaggerate the benefits of his products, but he can't dismiss the benefits of his competitor's products.