Abstract
The article explains the meaning of comparative advertising as an advertising that compares one product or service with another or that states that one product works with or is compatible with another. The laws which govern this subject i.e. The Monopolies and Restrictive Trade Practices, 1984 and the Trade Marks Act, 1999 are dealt in brief. The article also tends to explain which kind of advertisements fall under the category of comparative advertising in India supported by judicial pronouncements of various courts. The constitutional validity of such advertisements is discussed. Further the article explains the meaning of disparagement which is impermissible in law. The redressal mechanism to counter a disparaged advertisement is explained further. The article also throws a light on loopholes in the redressal mechanism which have occurred due to latest amendments. The conclusion states the guidelines to be followed for a legally valid comparative advertising in India.
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