-Introduction:
Comparative advertising is a marketing strategy where a company’s product is compared with a competitor’s product to highlight the advantages of the advertiser’s product over the other and generate sales for the same. However, the use of a competitor’s trademark in comparative advertising raises significant legal issues, particularly concerning “trademark infringement”. In India, the legal framework governing this area aims to balance fair competition with the protection of trademark rights. This article delves into the intricacies of trademark infringement in comparative advertising under Indian law, exploring legal principles landmark cases, etc.
Keywords: trademark infringement, product disparagement, comparative advertising.