Latest news and views tagged comparative advertising
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The Advertising Standards Authority (ASA) has ruled that Knorr breached the CAP Code (which regulates non-broadcast advertising) in its adverts comparing its own gravy granules with those produced by Bisto.
The...
M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”
An Advocate General has given his view to the European Court of Justice in a trade mark infringement case involving keyword advertising. The case revolved around M&S sponsoring “Interflora” as...
Comparative advertiser told not to fan the flames in unfair treatment of competitor’s trade marks – Kingspan v Rockwool, High Court
Kingspan made construction products that included insulation boards and panels made with plastic foams. Rockwool produced stone wool, which was used as the insulating core of panels made and sold by many...
Retailers can compare food products in adverts even if the products are not identical – Lidl v Vierzon, European Court of Justice
Lidl objected to an advert published by Leclerc (another shop) which sought to compare the shopping bills from the two good retailers. Lidl argued that the advert was misleading as it did not compared...
Google announces relaxation in policy towards use of registered trade marks as keywords
Google has announced a relaxation of its policies involving the sponsoring of other people’s trade marks as keywords. Sponsoring keywords triggers adverts when Internet users search on those terms. The...
Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court
Specsavers was a famous money-saving optician and had registered trade marks for its name and two overlapping ovals logo. Asda was re-launching its optician service. Specsavers objected to the logo and...
Court of Appeal thinks ECJ comparative advertising ruling is not worth it, but follows it reluctantly – L’Oréal v Bellure, Court of Appeal
The Court of Appeal has followed a key 2009 decision of the European Court of Justice on comparative advertising because it said it had to do so, but issued some stinging criticism of the ECJ’s ruling....
European Court of Justice applies recent ruling in Google v Louis Vuitton case, but we’re still none the wiser of the implications – Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmueller v Guenter, European Court of Justice
As reported here, the European Court of Justice has recently ruled on the long-awaited Google v Louis Vuitton case, concerning the extent to which brand owners, competitors and search engine providers...
European Court of Justice gives eagerly-awaited ruling in Google keyword search terms trade mark cases – Google v Louis Vuitton, European Court of Justice
In an eagerly-awaited judgment, the European Court of Justice has ruled on whether use of a trade mark term for the purpose of creating a sponsored advert and getting higher up the search results could...
Misleading Hovis ad not quite the best thing since sliced bread
The Advertising Standard Agency has ruled that Premier Foods should stop using a misleading advert which stated that its Hovis brand had been voted Britain’s softest white bread. The claim was based...