Library Catalogue
The Law of Comparative Advertising Viewed from the Lens of Freedom of Commercial Speech
Vaibhav Garg
The Law of Comparative Advertising Viewed from the Lens of Freedom of Commercial Speech - Bangalore NLSIU 2020 - 83p.
Table of Content
(i) Declaration;
(ii) Certificate;
(iii) Acknowledgment;
(iv) Table of Content;
(v) List of Abbreviations;
(vi) List of Cases;
(vii) Research Methodology;
1. Chapter I Introduction;
1.1 What is Comparative Advertising;
1.2 Categories of Comparative Advertising;
1.3 Comparative Advertising and Consumer’s Interest;
1.4 Comparative Advertising and Trademark Regime;
1.5 Comparative Advertising and Freedom of Commercial Speech;
2. Chapter II The Rationales behind Freedom of Speech & Expression and Trademark Law;
2.1 Freedom of Speech & Expression;
2.1.1 Freedom of Commercial Expression;
2.1.2 Rationales justifying Freedom of Speech & Expression;
2.2 Trademark Law & Rationales behind Trademark Law;
2.2.1 The Functional Approach to Trademarks;
2.2.2 Economic Rationales of Trademark;
2.2.3 Dynamic Efficiency Rationale;
2.2.4 Ethical and Fairness based Rationales;
3.Chapter III The interplay of freedom of commercial expression & trademark law with reference to comparative advertising;
3.1 Non- Distinctiveness as a ground for refusal and freedom of commercial speech;
3.2 Descriptiveness as a ground for refusal and freedom of commercial speech;
3.3 Customariness as a ground for refusal and freedom of commercial speech;
3.4 Acquired Distinctiveness;
3.5 The criteria of “Use in course of trade” of trademarks;
3.6 “Confusion”;
3.7 Protection of Distinctive Character & Reputation of Trademark;
3.8 The relation between freedom of commercial expression and trademark and comparative advertising on the basis of various theories;
4.Chapter IV Comparative Advertising as a tool to foster Commercial Speech;
4.1 Puffery and Denigration on the anvils of Commercial Speech;
4.2 Generic Disparagement on the anvils of Commercial Speech;
4.3 Technological Superiority & Dissemination of ‘Truth’;
4.4 The European position on the element of Truth in Comparative Advertising and freedom of commercial expression;
4.5 Opinion on the Indian Position;
4.6 Advertising Standards Council of India;
5. Chapter V Conclusion;
(viii) Bibliography.
The Law of Comparative Advertising Viewed from the Lens of Freedom of Commercial Speech - Bangalore NLSIU 2020 - 83p.
Table of Content
(i) Declaration;
(ii) Certificate;
(iii) Acknowledgment;
(iv) Table of Content;
(v) List of Abbreviations;
(vi) List of Cases;
(vii) Research Methodology;
1. Chapter I Introduction;
1.1 What is Comparative Advertising;
1.2 Categories of Comparative Advertising;
1.3 Comparative Advertising and Consumer’s Interest;
1.4 Comparative Advertising and Trademark Regime;
1.5 Comparative Advertising and Freedom of Commercial Speech;
2. Chapter II The Rationales behind Freedom of Speech & Expression and Trademark Law;
2.1 Freedom of Speech & Expression;
2.1.1 Freedom of Commercial Expression;
2.1.2 Rationales justifying Freedom of Speech & Expression;
2.2 Trademark Law & Rationales behind Trademark Law;
2.2.1 The Functional Approach to Trademarks;
2.2.2 Economic Rationales of Trademark;
2.2.3 Dynamic Efficiency Rationale;
2.2.4 Ethical and Fairness based Rationales;
3.Chapter III The interplay of freedom of commercial expression & trademark law with reference to comparative advertising;
3.1 Non- Distinctiveness as a ground for refusal and freedom of commercial speech;
3.2 Descriptiveness as a ground for refusal and freedom of commercial speech;
3.3 Customariness as a ground for refusal and freedom of commercial speech;
3.4 Acquired Distinctiveness;
3.5 The criteria of “Use in course of trade” of trademarks;
3.6 “Confusion”;
3.7 Protection of Distinctive Character & Reputation of Trademark;
3.8 The relation between freedom of commercial expression and trademark and comparative advertising on the basis of various theories;
4.Chapter IV Comparative Advertising as a tool to foster Commercial Speech;
4.1 Puffery and Denigration on the anvils of Commercial Speech;
4.2 Generic Disparagement on the anvils of Commercial Speech;
4.3 Technological Superiority & Dissemination of ‘Truth’;
4.4 The European position on the element of Truth in Comparative Advertising and freedom of commercial expression;
4.5 Opinion on the Indian Position;
4.6 Advertising Standards Council of India;
5. Chapter V Conclusion;
(viii) Bibliography.