Justice Prathiba M Singh said that in order to portray a particular product as being superior or better than existing products, a generic comparison highlighting the strength of the product without launching a negative campaign against its competitors ought to be permissible.
Failing this, the strength of the advertisement could itself be considerably diluted, the Court said.
“An advertiser ought to have the freedom to make advertisements with generic comparison highlighting the features of its own product and if the same is done without an allusion to any market leader, objection cannot be raised unless representation being made is absolutely false or misleading,” it held.
Source: Barandbench
