header-logo header-logo

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

Compare and contrast

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

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll