不正当比较广告的法律规制分析——以蓝月亮诉宝洁一案为例-analysis on legal regulation of improper comparative advertisement - taking blue moon v p g as an example.docxVIP

AbstractThe developed market economy makes advertising boom, in return, the prosperity of the advertising industry is driving the rapid development of the market economy. Just as whatFrance advertising critic Robert ? Lalan said: the air we breathe, is made up of oxygen,nitrogen and advertising. As to that we can see how important advertising is in our lives. Among the various forms of advertising, comparative advertising shows its superiority ,which is colorful and active in this arena in the information age. From the point of view of market economy, comparative advertising has promoted industry competition and protected consumers rights. However, some ads are a red herring, undermining fair competition in the social order, violating the legitimate rights and interests of other operators and consumers. It was vividly described that the comparative advertising is armed with chains of dance and dancing on the edge of a precipice. In short, there are both the advantages and disadvantages of comparative advertising, it is a urgent problem for our legislature to take advantage of comparative advertising,and promote fair comparative advertising regulation.This article is divided into five parts,the contents are summarized as follows:Part I: in this section, a typical litigation of comparative ad Blue Moon Procter and unfair competition litigation is given as an example, and clear overview of this lawsuit case lawsuits follows, whose focus is whether New Tide detergent effect is objectively true and whether Procter advertising is downgrading the Blue Moon collar clear reputation.Part II: in this section, taking Blue Moon Procter and unfair competition litigation as the logical basis, the author makes a reference for the rest of the world to define advertising and unfair comparative advertising and furthers the distinction from four aspects.Part III: in this section, the author classified unfair comparative advertising as misleading,the commercial acts of slander and oth