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.