A Comparative Study of Comparative Brand Advertising

Abstract

Perhaps one of the most interesting and topical discussions to emerge quite contentiously within the legal purview in recent decades is the subject of comparative brand advertising. Comparative brand advertisements explicitly name the brand of another proprietor, and in doing so, use trademarks of that other proprietor. This paper will seek to expound on the subject of comparative advertising. This paper will further consider how comparative brand advertisements are regulated within South Africa, the US and the European Union and then ultimately deliberate the similarities and differences, if any, between the law and regulations relating to comparative brand advertising in each jurisdiction.