Advertisement Is Facet Of Commercial Speech Protected By Article 19(1)(A) Of Constitution, Holds Delhi HC [Read Judgment]
6 years ago

Advertisement Is Facet Of Commercial Speech Protected By Article 19(1)(A) Of Constitution, Holds Delhi HC [Read Judgment]

Live Law  

“In fact, the protection given to an “In fact, the protection given to an The Delhi High Court has held that Justice Manmohan was considering a suit filed by Horlicks Ltd for damages and permanent injunction restraining infringement, disparagement and unfair trade practices against HEINZ India Private Limited. The The court held that the COMPLAN That though in comparative advertising a certain amount of disparagement is implicit, yet the same is legal and permissible so long as it does not mislead, the bench added. In this context, the court also opined that that The court also rejected the submission on behalf of the defendant that the judgment of the apex court in Tata Press, which equated commercial advertisement to free speech and held that a corporate entity is entitled to protection under Article 19 of the Constitution, is per incuriam. The court said it is not open to a high court to hold that the Supreme Court judgment is per incuriam.

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History of this topic

Celebrities, public figures must act responsibly while endorsing products: SC
8 months, 1 week ago

Celebrities, public figures must act responsibly while endorsing products: SC

Deccan Chronicle  

New Delhi: It is imperative for celebrities and public figures to act responsibly while endorsing a consumer product, the Supreme Court said on Tuesday as it clamped down on misleading Rule 7 of the 1994 law stipulates an A bench of Justices Hima Kohli and Ahsanuddin Amanullah also directed the Union ministries concerned to apprise it of misleading "Endorsements by …

Consumption Of Fake Information Is Injurious To Health: Progressive Steps Towards Ad Regulation In India
2 years, 1 month ago

Consumption Of Fake Information Is Injurious To Health: Progressive Steps Towards Ad Regulation In India

Live Law  

The year 2020-21 bore witness to a significant number of changes relating to almost every aspect of human life and the advertising ecosystem was no exception. There was a major shift from print media to digital media: the pandemic accelerated the process of digitizing the print media, opening the floodgates to a stream of According to the ASCI Complaint Analysis …

Advertising Campaign Can Be Protected Under Intellectual Property Law If It Has Become Distinctive, Threshold High: Delhi High Court
2 years, 6 months ago

Advertising Campaign Can Be Protected Under Intellectual Property Law If It Has Become Distinctive, Threshold High: Delhi High Court

Live Law  

The Delhi High Court has observed that an advertising campaign can be granted protection in law, if it signifies the source and has become distinctive of the party while adding that the threshold for establishing distinctiveness would however be quite high in such a case. Defendant No.2 was YouTube platform on which Defendant No.1's It was the plaintiff's case that …

Can't invoke Article 19 rights, Meta does not discharge public function: Delhi HC told
2 years, 8 months ago

Can't invoke Article 19 rights, Meta does not discharge public function: Delhi HC told

Firstpost  

This comes after the high court received several petitions challenging the suspension and deletion of several user accounts by various social media platforms New Delhi: Social media company Meta Platforms, Inc the parent organisation of popular platforms Instagram and Facebook – has told the Delhi High Court that the rights under Article 19 of the Constitution of India cannot be …

Malicious Falsehood Can't Become Freedom Of Speech, Care To Be Exercised To Avoid Denigration Of Competitor's Goodwill While Advertising: Delhi HC
2 years, 10 months ago

Malicious Falsehood Can't Become Freedom Of Speech, Care To Be Exercised To Avoid Denigration Of Competitor's Goodwill While Advertising: Delhi HC

Live Law  

Observing that malicious falsehood cannot become freedom of speech, the Delhi High Court has observed that care is to be exercised in order to avoid disparagement of another's products or denigration of the goodwill and reputation built by a competitor while engaging in advertising one's own products. The courts have protected parties who have been at the receiving end of …

Christmas Advertisements By Delhi Govt: High Court Disposes Plea Seeking Action For Allegedly Wasting Public Money
3 years ago

Christmas Advertisements By Delhi Govt: High Court Disposes Plea Seeking Action For Allegedly Wasting Public Money

Live Law  

The Delhi High Court has disposed of a PIL challenging public The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh noted that a representation in this regard is already pending consideration before the Committee on Content Regulation in Government Advertising, constituted at the directions of the Supreme Court. He alleged that the Delhi Government published However, it …

Comparative Advertisement
3 years, 6 months ago

Comparative Advertisement

Live Law  

It is a common practise by companies to make comparison of their products with respect to similar products of other companies, to ascertain their products are better than others and such advertising is called Comparative Advertising, however when the company crosses line by advertising false, misleading and derogatory claims against the other company, then it will amount to Product Disparagement. …

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