Comparative Advertising & Product Disparagement Under Trademark Infringement
- IJLLR Journal
- 4 days ago
- 1 min read
Ms. M Vinitha, Research Scholar, Vels School of Law, VISTAS
Dr. Kannan Kunnathully, Research Supervisor, Vels School of Law, VISTAS
ABSTRACT
This research paper presents a comprehensive investigation into the intricate relationship between comparative advertising, product disparagement, and trademark infringement. Additionally, the legal frameworks that govern these marketing methods are analysed. Comparative advertising, which involves directly comparing the product of one firm to another, has the potential to offer consumers useful information and to stimulate healthy competition . However, it also raises significant legal and ethical issues, particularly when such comparisons are misleading or disparaging. The paper analyses key legal principles, including the Lanham Act in the United States and Directive 2006/114/EC in the European Union, which regulate comparative advertising and protect trademark rights. Through detailed case studies such as PepsiCo v. Coca-Cola, L’Oreal v. Bellure, Reckitt Benckiser v. Procter & Gamble, and Verizon v. AT&T the paper highlights the importance of factual accuracy and substantiation in comparative advertising to avoid legal liability. The study's findings emphasize the need to navigate the legal and ethical complications linked with comparative advertising with great care to preserve fair competition and consumer trust.
Keywords: Comparative advertising, Trademark infringement, Product disparagement, Legal framework, Consumer trust.
