Persuasion or Disparagement: Rethinking Comparative Advertising and the Case for Legislative Reform in India

Abstract

In the contemporary era of commercialization, where numerous similar products exist in the marketplace, traders frequently adopt comparative advertising as a strategy of persuasive marketing to demonstrate the superiority of their products over those of rival traders. Comparative advertising has emerged as a significant mechanism for influencing consumers’ decision-making behavior and psychology. When supported by substantiated and truthful claims, it promotes fair competition. However, its misuse may lead to disparagement, which may amount to trademark infringement and constitute an unfair trade practice. In India, the absence of clear statutory provisions and a dedicated regulatory body governing comparative advertising, the rights and interest of traders and consumers are largely depending on Judicial Interpretations. In this research, the doctrinal research method has been adopted, relying on secondary sources such as books, newspapers, articles, journals and online resources. The study argues that the absence of statutory regulation creates legal ambiguity and vagueness. This article critically analyses the legislative framework of comparative advertising in India and suggests a regulatory framework.