Limitations of Comparative Advertising Permissibility: Denigration/Disparagement

The authors analyse legal regulation of comparative advertising that refers to situations when competitor’s goods or services are expressly or by implication identified in any form of advertising. Such an analyse is made from the perspective of European Union, United States and Indian legal orders. In particular, the main focus is on the issue of denigration or disparagement as limitations of comparative advertising permissibility. In addition, significant case law with respect to aspects of denigration or disparagement within issue of comparative advertising is analysed. Such an analysis would lead to identification of differences that arose within comparison of various legal orders and case law. These findings are necessary in order to make a conclusion which approach regarding to the issue in question is the most preferable.