What is Comparative Advertising and Can I do It
Submit Articles Back to Articles
Released 14 October 2008
Comparative advertising is the term used to describe advertisements where the
goods or services of one trader are compared to the goods or services of another
trader. The comparisons usually focus on issues such as price, value, durability
or quality in order to convey those advertising in a good light.
As these sorts of advertisements usually refer to the competitors trade mark,
comparative advertising falls within the Trade Mark Act
The debate as to whether comparative advertising should be allowed is one,
which has been prevalent for many years. The basis of the argument for
comparative advertising centres around the idea that it would increase consumer
knowledge and encourage fair competition.
Due to the emergence of a pro-competitive environment the above argument and
was finally accepted and influenced the drafting of section 10(6) of the Trade
Mark Act 1994 which allows Comparative Advertising.
However this section of the Act does stipulate a number of criteria which an
advert must meet to be lawful.
For more information on the same please contact one of our team for more
Jody Tsigarides is a trainee solicitor who specialises in trade mark law.
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.
Follow us @Scopulus_News
Article Published/Sorted/Amended on Scopulus 2008-10-25 00:19:43 in Legal Articles