Comparative Advertising: Law & Practice

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.

Reviews

Written in a meticulous and lucid manner, the book is a useful tool for both advocates and members of the advertising world. The book will help professionals understand the difference between what is acceptable and what constitutes disparaging advertisement. I congratulate Mr Chander M. Lall on the publication of this nuanced and pragmatic guide.

- Justice Sanjiv Khanna, Judge, Supreme Court of India

Chander M. Lall has not only put in decades of his experience and accumulated knowledge in this book but has also mulled over it for almost a decade, when the law and the issues were truly tested and ruled upon. The book is well thought out, with lucid discussions and critical analysis, and I would recommend it find a place in every law library.

- Madan B. Lokur, Former Judge, Supreme Court of India

The author's monumental work is unique; his effort compares favourably with previously published works. It is of great value to academics and legal practitioners in the field of intellectual property, privacy and free speech laws. I expect the author, an established and formidable name among practitioners in intellectual property law, would author and publish other works on the subject. My best wishes to Chander Lall for the publication.

- Justice S. Ravindra Bhat, Former Judge, Supreme Court of India

I commend Mr Lall on putting together such a comprehensive anthology on a law relating to disparagement and comparative advertisements. I believe that this book would be of interest and valuable assistance to not only the practitioners in the field of intellectual property but would also give the marketing and legal teams of companies an insight into the permissible limits of comparative advertisements.

- Justice Vibhu Bakhru, Judge, Delhi High Court

Table of Contents

• Table of Cases
• Introduction
• Advertising as a Right
• Reputation and Goodwill
• Advertising and the Statute
• Comparative Advertising - The Law How It Developed
• Who Succeeded and Who Did Not
• Comparative Advertising - Relevant Considerations
• Identification of the Competitor
• How Courts Have Viewed ASCI: The Self Regulator
• Miscellaneous
  Appendix
  Subject Index