1 September 2013Jurisdiction reportsSudeep Chatterjee and Archana Sahadeva

Comparative advertising: an overview

While comparative advertising was initially restricted to ‘puffery’—where a trader list facts about the product, or makes vague claims which cannot be proved or disproved—some traders, in the name of comparative advertising, have started ‘disparaging’ competitors’ goods, forcing the law to intervene. Puffery and disparagement can therefore be considered as the two fundamental facets of comparative advertising.

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