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.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.