A person giving away as a prize the products of another brand does not need to obtain that other brand’s permission, if there is no other suggestion that the two are linked. Stella McCartney – the fashion house – had complained that a promotion for Bodyform sanitary products had featured Stella McCartney’s products as the prize. It complained that this had taken unfair advantage of its brand. However, the Advertising Standards Authority disagreed. It was not necessary to obtain the permission of the other brand as people viewing the advert would not have assumed that there was a link or association. A reference to another brand alone would not count as an implication of an endorsement. Something more would be needed for there to be a problem.
