• Dr. Puneet Bafna

Comparative advertising came into existence to increase consumer awareness and allow consumer to make a judicial selection from plethora of choices, however under market pressures it has engaged in unhealthy practices of product disparagement and infringement of trademarks. Consequently, in the last few decades, there have been spates of litigations in this regard. As there have been a proliferation in the number of cases in the courts regarding this matter and there have been interestingly such conflicting judgments concerning the issue in the recent past that the topic seemed quite fascinating and motivating to ponder and analyze at. Here the author has listed cases of prominence in India. The decisions of the Courts indicate that the judiciary tends to accept the global trend of advertising regulation, which allows comparative advertising as a way of ensuring free competition for all market players, provided that the information presented is objective and verifiable, and does not damage the integrity and reputation of the compared trademark. It is vital that the court issues precedents and guidance in order to harmonize the issue at national level.

Comparative Advertising, Product disparagement, Trademark infringement, judicial prouncement

"TRENDS OF JUDICIAL PRONOUNCEMENTS REGARDING COMPARATIVE ADVERTISING IN INDIA ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.5, Issue 1, page no.758-760, January-2018, Available :http://www.jetir.org/papers/JETIR1801150.pdf

"TRENDS OF JUDICIAL PRONOUNCEMENTS REGARDING COMPARATIVE ADVERTISING IN INDIA ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 1, page no. pp758-760, January-2018, Available at : http://www.jetir.org/papers/JETIR1801150.pdf