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What is Comparative Advertising and Can I do It

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Lawdit Solicitors - Expert Author

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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 details.

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.



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Article Published/Sorted/Amended on Scopulus 2008-10-25 00:19:43 in Legal Articles

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