The medium of the advertisement was for the first time taken into account in the Horlicks-Complan Ad-Battle by Justice Bhat. Since, visuals have a more lasting impact on man’s memory than mere words, such advertisements in television have a stronger impact than the ones in print media (newspaper, billboards).
The medium used to convey the comparative advertisement is crucial as its impact varies with the change of the medium of communication. To the aforesaid test, the High Court of Delhi added that puffery even if untrue is permissible, however, if there is defamation, an action lies for recovery of damages for defamation and an injunction restraining repetition of such defamation. The sub species which generally steal the legal limelight are Puffery, disparaging advertisements and parody advertisements. The Comparative Advertisements consist of various sub species. Also, the article attempts to analyse the uncharted legal principles by the Indian Courts in the field of comparative advertisements
This article focusses on the current as well as prospective legal trends in India in the area of comparative and parody advertisements.
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