A Case Study Approach – An Analysis of the Infringement of Trademark by Comparative Advertising

The research topic ‘A case study approach - an analysis of the infringement of trademark by comparative advertising’ will help unfold the various dimensions of comparative advertising and its impact on the registered trademarks of the owners. In this research, the researcher has tried to unleash the dynamics of four jurisdictions namely India, U.S.A, U.K, European Union (EU) and China covering specific cases in each. More detailed emphasize is provided to understand the level India and U.K and European Union undertakes to give justice to the traders and the businessmen to help entertain their customers creatively by way of comparative advertisements. The research will proceed by understanding the concept of Trademark (TM), Comparative Advertisement (CA) and then how the individual Courts from different jurisdictions have analyzed them. Finally from this research topic I will be in a position to know how far this topic on CA has been taken up by the courts and its impact on the advertisers and the consumers.