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23 October 2008
Issue: 7342 / Categories: Features
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Comparative matters

How much scope do advertisers have to use comparative trademarks? Ask Hamish Porter & Louisa Albertini

Comparative advertising, where goods or services offered by a competitor are identified by reference to a registered trade mark, can cause great concern to trade mark owners as their competitors normally seek to make unfavourable comparisons with their own goods or services, or to take advantage of being associated with the market leader's brand. The UK courts have recently requested guidance from the European Court of Justice (ECJ) on the extent to which comparative advertising can be used.
Marking one's territory

The Trade Marks Directive (TMD), (First Council Directive 89/104/EEC of 21 December 1988, to approximate the laws of the member states relating to trade marks), provides that a trade mark owner is entitled under certain conditions to prevent third parties from using a sign which is identical or similar to his trade mark, including use in advertising. In contrast, the Comparative Advertising Directive—Council Directive 84/450/ EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
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