Legal Question in Business Law in India
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we ara a house construction company, can we use the names of our competitors in our advertisement on hoardings stating that one of the features which is provided by us is not provided by any of them. what are the legal restrictions and does it attract unfair trade practice or defamation?
3 Answers from Attorneys
Re: Advertisement
You can claim against the competitor company provided your claims are genuine.
Re: Advertisement
The answer to this question depends upon the kind of comparision which is being proposed to be made. If you indicate such comparision without any basis (technical) then you may attract unfair trade practice (UTP) provisions. Further it may also depend upon the source of information for your comparision (eg. any industry journal or publication etc.). It will be possible for us to comment on this if more details like the type of comparision, features which are being compared, source of technical details etc., is provided to us. Hope I have made myself clear.
Best Regards
Srinivas Kotni
Corporate Lexport
Re: Advertisement
It all depends the nature of comparison that you propose to make and the same has to be healthy in nature in order not to attract the provisions of the UTP and other laws for the time-being in force. A conclusive opinion can onle be given after we analyse the nature of the issue.
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