Brand Disparagement and Comparative Advertising: A Delicate Balancing Act

Authors

  • Pankaj Munday, Advocate District & Sessions Court, Jind

Keywords:

Comparative advertising, Brand disparagement, Trade libel

Abstract

Comparative advertising is an advertising strategy where a company's product or service is directly compared with a competitor's offering, often highlighting the advantages of the former. While this strategy can be effective in creating brand awareness and differentiation, it can also lead to brand disparagement, where a competitor's brand is negatively affected or unfairly maligned. This paper explores the concepts of brand disparagement and comparative advertising, the legal and ethical implications, and the best practices to strike a balance between effective marketing and fair competition.

References

Federal Trade Commission. (2009). Guides Concerning the Use of Endorsements and Testimonials in Advertising. Retrieved from https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf

European Commission. (n.d.). Unfair Commercial Practices Directive. Retrieved from https://ec.europa.eu/info/policies/consumers/consumer-protection/unfair-commercial-practices-directive_en

United States Congress. (1946). Lanham Act. Retrieved from https://www.law.cornell.edu/uscode/text/15/chapter-22

Apple Inc. (2006-2009). Get a Mac [Advertisement campaign]. Cupertino, CA: Apple Inc.

PepsiCo. (1975-1984). Pepsi Challenge [Advertisement campaign]. Purchase, NY: PepsiCo.

Bhasin, K. (2012). The Real Story Behind the Infamous Coke vs. Pepsi Taste Test. Business Insider. Retrieved from https://www.businessinsider.com/the-real-story-behind-the-infamous-coke-vs-pepsi-taste-test-2012-3

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Published

31-12-2022

How to Cite

Pankaj Munday, Advocate. (2022). Brand Disparagement and Comparative Advertising: A Delicate Balancing Act. International Journal for Research Publication and Seminar, 13(5), 180–185. Retrieved from https://jrps.shodhsagar.com/index.php/j/article/view/262

Issue

Vol. 13 No. 5 (2022): Vol 13 | Issue 5 | Oct - Dec 2022

Section

Original Research Article

License

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