Published Paper Details:

Comparative advertising refers to promotion of a product by making comparisons with another product. Sometimes the companies while making these comparisons make exaggerated claims about their own product to establish superiority over the competing product. Comparative advertising encourages healthy competition and helps consumers make informed choices but sometimes the advertisers make false claims about the competing product and mislead the consumers. If these false claims damages the reputation and goodwill of the competitor's product, it can result in product disparagement and trademark infringement. The objective of this research paper is to explore the concept of comparative advertising and its intersection with trademark infringement and product disparagement, focusing on how they are understood and regulated under Indian law. The research paper adopts a doctrinal methodology relying on analysis of the legal provisions related to trademarks and advertising, particularly in relation to the Trade Marks Act, 1999, and the guidelines of Advertising Council of India, and also focusing on important court cases that have influenced the law. By examining statutes and various cases, this paper will analyse how Indian courts have balanced the marketing rights along with intellectual property rights. The study concludes that comparative advertising should be allowed to promote transparency in the market but it should be done by staying within ethical and legal boundaries to avoid consumer deception and brand disparagement.