Is comparative advertising legal in India?

Comparative advertising is ordinarily legal and permissible if it meets certain basic conditions. The Advertising Standard Council of India (ASCI) in its Code for Self Regulation of Advertising content in India (see: ), offers a few thumb rules for making comparative claims.

What are the legal aspects of advertising in India?

At present in India, there is no central statutory agency or uniform legislation regulating the advertising industry. The Indian advertising market as a whole is regulated and controlled by a non-statutory body, the Advertising Standards Council of India (ASCI).

Are comparative ads legal?

Brands get sued all the time by consumers and even other brands. So before you start planning a video to jab your competition, you want to know: Is comparative advertising legal? The short answer is “yes,” as long as you can prove your claims, and they’re not misleading or deceptive to consumers.

Why is comparative advertising illegal?

Comparative advertising is not illegal and there are no special rules to follow when creating comparative advertisements. When portraying comparative product examples advertisers must comply with the general legal principle applying to all advertising – ie that the campaign must not be misleading or deceptive.

Under what conditions should comparative advertising be used?

Comparative advertising is a marketing strategy in which a company’s product or service is presented as superior when compared to a competitor’s. A comparative advertising campaign may involve printing a side-by-side comparison of the features of a company’s products next to those of its competitor.

Is it legal to compare products?

Under U.S. law, use of a competitor’s trademark in accurate and non-deceptive comparative advertising is legal and does not constitute trademark infringement. Do not prominently position or otherwise highlight your competitor’s trademark in any manner that implies an affiliation with or sponsorship by your competitor.

What is the legal role of advertising?

According to Section 7, advertisements must be truthful and not deceptive or misleading. According to Rules, a lawyer may advertise through written, recorded or electronic communication, including public media.

Is advertising well regulated in India?

Under the Indian legal regime, Cable Television Networks (Regulation) Act, 1955 (“Act”), the Press Council of India Act, 1978 (“PCIA”), and Cable Television Networks (Amendment) Rules, 2006 (“Rules”) – among others – are the principal legislations which control the content of advertisements to ensure that they should …

Is comparative advertisements Ethical should it be legally allowed to continue?

Conclusion. While advertising or selling products, the advertisers must keep in mind that any comparison or assertions made with any competitors’ products must not violate the legal provisions causing disparagement to other brands.

Why do advertisers use comparative advertising?

The main goal of comparative advertisements is to communicate value, which is often done by showing how one brand is superior to a competitor brand, or other brands as a whole.

Why is comparative advertising used?

Understanding Comparative Advertising Comparative advertising is not used solely for the promotion of a product or service. This type of advertising is popular with companies releasing new products, as the focus of the ad will be on how the new product is better than products already on the market.

In what situation is comparative advertising more effective?

Comparative advertising is especially effective when the company concentrates on unassailable and meaningful points of difference. Suppose, for example, a product is fabricated with heavy gauge steel while a competitor uses aluminum or thinner gauge steel.

What is comparative advertising in India?

No Indian statute defines the term, but the UK Regulation defines comparative advertising as meaning any advertisement which “explicitly or by implication, identifies a competitor or goods or services offered by a competitor”. In this backdrop, the Delhi High Court summarized the law on the subject in the case of Reckitt & Colman v.

What are unfair practices in comparative advertising?

The Monopolies and Restrictive Trade Practices Act was enacted to prevent monopolies and restrictive trade practices in the economy. Under the MRTP Act, any representation which gives false information or disparages the goods and services of other person is considered as unfair practices in comparative advertisements.

Is comparative advertising permissible under the Trade Marks Act?

According to the statute Comparative Advertising is permissible, with certain limitations as to unfair trade practices. The Trade Marks Act is an attempt to balance the conflicting interests of the rights of registered trade mark owners and a compelling consumer interest in informative advertising.

What are the laws on advertising and trademarks in India?

According to the Supreme Court, the information available through the advertising must be for the benefit of the public. The law relating to trademarks is also for the protection of public interests only. It is a self-regulating voluntary organization of the Indian advertising industry.