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ARTICLE · 27 FEBRUARY 2019

Comparative Advertisements vs. Product Disparagement: Walking The Thin Line

With fast-paced competition, every brand wants to be in the evoked set of consumer's brand and hence, Companies often resort to comparative advertising in order to grab consumer attention.

IndiaMedia, Telecoms, IT, Entertainment
Puja Saha
Puja Saha
Siddharth Ratho
Siddharth Ratho
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This article was originally published on 6th February, 2019 in Master Class column of Law Street India.

With fast-paced competition, every brand wants to be in the evoked set of consumer's brand and hence, Companies often resort to comparative advertising in order to grab consumer attention. Companies use comparative advertisements to promote, compare and highlight the superiority of its product with that of the competitor. However, in doing so, there is a tendency to cross the line and stray into the realm of product disparagement.

In this article (to access click here ), we inter alia discuss two recent judgments on the permissibility of comparative advertisements published by Amul (against Kwality) and Complan (against Horlicks).

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