header-logo header-logo

Compare and contrast

04 January 2007 / Helen Hart
Issue: 7254 / Categories: Features , EU , Intellectual property
printer mail-detail

A recent European Court of Justice ruling provides useful guidance on what constitutes misleading advertising, says Helen Hart

The Comparative Advertising Directive 97/55/EC (the Directive) was implemented in the UK in April 2000 by the Control of Misleading Advertisements (Amendment) Regulations 2000 (SI 2000/914) (the regulations). There have been few cases concerning the Directive; consequently, Lidl Belgium GmbH & Co KG v Establissementen Franz Colruyt NV: C-356/04 [2006] All ER (D) 92 (Sep) is of significant assistance in clarifying its interpretation.

The Directive permits a comparative advertisement as long as it fulfils particular conditions, including:
 it is not misleading;
 it compares goods or services meeting the same needs or intended for the same purposes;
 it objectively compares one or more
material, relevant, verifiable and representative features of those goods and services which may include price;
 it does not create confusion in the market place between the advertiser and a competitor, or between the advertiser’s trade marks, trade names, other distinguishing marks, goods or services and those of the competitor; and
 it does not present goods or services

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll