Comparative Advertising And Product Disparagement: Horlicks vs. Heinz

Comparative advertisement and product disparagement are sensitive subjects to manufacturers of goods and services. Comparative advertising is a strategy used by companies to represent their product as superior in comparison to that of a competitor. When a comparative advertisement makes a comparison that is misleading and/ or derogatory, it crosses over into what is referred to as product disparagement. Clearly, there is a fine line to be drawn between the two concepts, and one that invites considerable attention from trademark owners, especially because consumer behaviour can be easily influenced through such advertisements to a brand's advantage or disadvantage. With advertising being a largely self-regulated industry in India, there is limited vigilance on the manner in which corporate entities market their brands. The law on trademarks makes reference to when comparative advertisements can be regarded as infringement, and when disputes get out of control, the courts