An Analysis of Comparative Advertisement between India, USA & European Union

Abstract

Comparative advertisement is the idea of marketing one's own product/service while contrasting it with that of competitors without demeaning the latter. It has been emerged from the traditional shift of advertisement to modern shift by comparing one’s own goods/services from those of others. The basic question which arises here is that how far it shall be permissible so as to escape from the liability of infringement. It may vary jurisdiction to jurisdiction. Some of the jurisdictions have a specific law to deal with this issue and some do not have. This paper will compare the concept of comparative advertisement in Indian, US and European Union Jurisdiction. This paper will also deal with the judicial pronouncement made by different courts on the subject as well as role of various social media platforms responsible for reaching out to the public with such comparisons of products. So how far social media is responsible if such comparison leads to infringement. Lastly, the paper will compare the provisions of comparative advertisement within Indian, USA and European Union regime with several aspects like statutory laws, remedies, infringement and case laws.