Legal Implications of Comparative Advertisement

The issue of legality of comparative advertising has given rise to numerous debates. The reason lies in the fact that basically a comparative advertisement is likely to give more information than a usual advertisement and there may be likely abuse or it may be beneficial to the consumers. In addition to this, the consumers may accord more emphasis to the comparative advertisements than the non-comparative ones. The advertisers basically advertises with an object to increase his sale of product or services and to inform the consumer about the quality, but the competitor with whom the products are compared is concerned with the way the products are being compared and moreover the reputation and good will are also at stake. In this research paper the Author had also focused upon legal regime relating to comparative advertising in India and also the legal approaches made in European Union, United Kingdom and United States. To probe into the statutory framework of comparative advertising in India the Author has taken International Law and Role of Judiciary to crave out the present position in India