Influencer marketing: A study of new dimension in E-commerce in light of recent case law

Abstract

Advertisement is the effective mode of communication between traders and consumers.Over a period, it has been evolving as per the market trends. With an advent of technology and digital innovation advertising on social platforms like YouTube, Facebook, Twitter, and many more like is gaining popularity. The social media as a marketing platform is not only preferred by the brand owners but also by the consumers. However, this social media platform lacks effective governance. The instance of unfair trade practices wherein consumers are lure with false or misleading claims are rising. Also, in this process traders/influencers try to disparage competitor’s product or services and often cross the thin line between mere puffery and comparative advertisement.The Indian Trademark law permits comparative advertising provided it is in consonance with honest industrial practices. But, in India there are no specific guidelines to deal with it.The use of social media for marketing and trademark right violation is one of them.The present articletraverses through the legality of advertisement by social media influencer in the light of recent landmark case. This is first case of its kind or perhaps the starting point of new era of legal battle to address the concerns of disparagement and influencer advertising on digital platform.