Skip to main content
Back to News & Insights

Comparative Advertisements: The Legal Pitfalls

Download PDF
Thought Leadership
•
January 14, 2013

A look at comparative and parody advertisements in India and an analysis of the uncharted common law for comparative advertisements.

Comparative Advertisements consist of various sub species, some of which generally steal the legal limelight are puffery, disparaging advertisements and parody advertisements. High courts have been accepting of puffery even if it is untrue, however defamation does entitle the defamed to damages and an injunction against the defamer. Also crucial is the medium used to convey the comparative advertisement, for impact varies with different mediums of communication.

Authored by Vaishali Mittal.

This article was published in Legal Era January 2013.

Read more

Most Recent

News & Insights

VIEW ALL
News & Updates
•
Dec 05, 2025

The High Court of Delhi in a significant interim ruling, “AB SKF vs M/S PARAMOUNT BEARING CO. & ORS.”, CS(COMM) 963/2025, dated 19/11/2025 has clarified

Distinction Between Order 38, Rule 5 and Order 39, Rules 1-2 CPC in the Context of “Maintenance of Status Quo”
News & Updates
•
Nov 26, 2025

Authored by Pravin Anand There are areas of intellectual property law where one can sense, quite literally, the convergence of disciplines that do not

When Art Meets Science in Trademark Law: Reflections on India’s First Smell Mark
Thought Leadership
•
Nov 25, 2025

First published on Lexology. Authored by Vaishali R Mittal In a landmark moment for Indian intellectual property law, the Trademarks Registry has accepted

Scenting the Future: How India’s First Smell Mark Application Aligns with Global Jurisprudence
Thought Leadership
•
Nov 21, 2025

We are proud to share that the Trade Marks Registry of India has, for the first time, accepted an olfactory (smell) mark for advertisement — “Floral

A Landmark First for Indian Trademark Law