Title: Trademark law and comparative advertisement in India

Authors: Vandana Singh

Addresses: University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, Sector 16C, Dwarka, Delhi-110078, India

Abstract: The research paper 'Trademark law and comparative advertisement' deals with the concept of comparative advertising and how it is covered under different legal systems in India. Starting from the concept of freedom of 'speech and expression' enshrined under the Constitution of India, the paper analysed the other statutes which regulate the comparative advertising in India. The approach of Indian Court on the issues of comparative advertising is discussed in detail by citing important judicial pronouncements. The brief discussion also made about the comparative advertisement in other economy like the USA, Australia, UK and Hong Kong. The paper concludes by giving recommendations on the issues of legal aspects of comparative advertisement in India. The methodology adopted is mainly doctrinal in nature and includes textbooks, reference books, internet books, articles, journals and newspapers.

Keywords: comparative advertisements; trademark law; India; Indian constitution; Hong Kong; Australia; USA; United States; Trademark Act; advertising; legal systems; freedom of speech; freedom of expression.

DOI: 10.1504/IJICT.2016.078877

International Journal of Information and Communication Technology, 2016 Vol.9 No.2, pp.145 - 159

Received: 07 Jan 2014
Accepted: 12 Jul 2014

Published online: 21 Aug 2016 *

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