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Comparative Advertising- Trademarks

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Lawdit Solicitors - Expert Author

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The judge in a recent case upheld Jacobís view in the O2 case that trade mark use within sections 10(2) and 10(2) of the Trade Marks Act 1994 did not apply to comparative advertising.

The High Court this month has rejected an application for an interim injunction against the defendant's comparative advertisement which showed both the claimant's and the defendant's fire-alarm products.

It was held that comparative advertising is a form of expression. The Human Rights Act 1998would also apply.

So you can advertise using a comparison provided the ad is not misleading, compares goods or services for the same needs or purpose, objectively compares one or more of the properties, including the price, of the goods or services, and it does not create confusion in the marketplace. In addition it must not discredit or denigrate the trade marks, trade names, goods or similar of a competitor.

Michael Coyle

Red Dot Technologies Limited v Apollo Fire Detectors Limited, 24 April 2007.


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2007-06-18 22:07:57 in Legal Articles

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