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ARTICLE · 08 MAY 2006

Roads Ahead- Comparative Advertisement

Comparative Advertisement’ as a concept may be new to India and the development of law by the Supreme Court of India and various High courts may be in the making but there are abundant judgements on this issue by the courts of England and USA.

IndiaIntellectual Property

‘Comparative Advertisement’ as a concept may be new to India and the development of law by the Supreme Court of India and various High courts may be in the making but there are abundant judgements on this issue by the courts of England and USA. It may be explained as an advertisement where a party advertises his goods or services by comparing them with goods and services of another party, by projecting the advertiser’s product to be of the superior or same quality or by denigrating the quality of the compared product. The underlying assumption is - by comparative advertising the consumer comes to know of the two products and their comparative features/merits and thus gets benefited. This globalised environment with fiercely competitive market of fast growing consumer products holds wide scope for comparative advertising. It is the new or unknown brands, which mainly benefit from comparative advertising as they try to transfer the potential intangible values associated with the

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