The Indian courts have come a long way with respect to adjudicating on comparative advertisements but there are still issues of concern over the rights of brand and copyright owners, say Pravin Anand and Vaishali Mittal.
Comparative advertisements come in many forms but there are three that generally steal the legal limelight: puffery, disparaging advertisements and parodies.
The High Court of Delhi has ruled that puffery, even if untrue, is permissible. However, if there is defamation, action can be taken for the recovery of damages and an injunction restraining the repetition of the defamation.
The medium and the message
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email tech support.
advertising, ASCI, copyright, domain name