Law of Comparative Advertising under Trademark Law : Is Everything Fair in Ad and War?

Registration ID: IJNRD_183057

Published ID: IJNRD2210037

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Tanvi Trivedi

Comparative Advertising, Product Disparagement, Trademark Infringement

Comparative advertising and product disparagement are the most crucial topics for goods and service manufacturers. Comparative advertising is a marketing tactic that allows advertisers to portray their goods as superior to that of other competitors in the market. When a comparative advertising makes a comparison that is both inaccurate and disparaging, it is referred to as “product disparagement”. Clearly, there is a narrow line to be drawn between the two notions, one that attracts substantial attention from trademark owners, especially because customer behavior may be readily changed to a brand's favor or disadvantage through such marketing. Since advertising in India is primarily self-regulated, there is no oversight of how companies sell their products. When comparative advertising are considered infringement under trademark law, and when conflicts get out of hand, the courts have to get involved in this. In light of Sections 29(8) and 30(1) of The Trademarks Act, 1999, this article examines the law of comparative advertising and product disparagement with regards to trademark law. Section 29(8) specifies scenarios in which the use of another's trademark in advertising might be considered infringement if it does not meet the section's requirements. Section 30(1), on the other hand, makes such use an exemption if it is done in conformity with the circumstances set out in this section. The goal of the legislature in this case was to let comparative advertising be a little more relaxed over the strict rules for trademark protection which will be critically examined in this paper.

Published Paper   E-Certificate

Tanvi Trivedi (October-2022). Law of Comparative Advertising under Trademark Law : Is Everything Fair in Ad and War?. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 7(10), 301-310. https://ijnrd.org/papers/IJNRD2210037.pdf

Volume 7 Issue 10, October-2022

Pages : 301-310

Paper Reg. ID: IJNRD_183057

Published Paper Id: IJNRD2210037

Downloads: 000122016

Research Area: Other

Author Type: Indian Author

Country: Indore, Madhya Pradesh, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2210037.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2210037

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