Comparative Advertising: Law & Practice

Year: 2024

Author: Chander M Lall

Comparative Advertising by Chander M. Lall fills the gap of the lack of analytical material, despite so many cases having been decided on comparative advertising, with an authoritative book on the subject that amalgamates the fascinating subject of advertising with law.

The first few chapters explain the concept of comparative advertising and how it is a right under Articles 19 and 21 of the Constitution. The statutory provisions relating to comparative advertising both in India and abroad are also discussed at length. Using his own experience and expertise, the author has explained with the help of case law how the courts have dealt with different matters of comparative advertising, where the courts have found things objectionable and where the plaintiffs have failed. Last but not the least, the author has also delved into the various tests and principles which courts take into consideration- when deciding such matters, such as truthfulness, the necessity of malice, generic disparagement, Bonnard principle etc.

This book is a reference guide to any lawyer attempting to prepare pleadings in a comparative advertising case or attempting to argue such a case. It will also serve as a guide to legal and marketing in-house teams who are engaged in preparing advertisements that allude to their competitors. It will also help them develop legal and marketing strategies against such competitors. Judges will benefit from the insights provided in the book and advertising professionals will also find this book useful.

Tags: #adverstisinglaw #advertising #comparative #comparativeadvertising