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).