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04 January 2007 / Helen Hart
Issue: 7254 / Categories: Features , EU , Intellectual property
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Compare and contrast

A recent European Court of Justice ruling provides useful guidance on what constitutes misleading advertising, says Helen Hart

The Comparative Advertising Directive 97/55/EC (the Directive) was implemented in the UK in April 2000 by the Control of Misleading Advertisements (Amendment) Regulations 2000 (SI 2000/914) (the regulations). There have been few cases concerning the Directive; consequently, Lidl Belgium GmbH & Co KG v Establissementen Franz Colruyt NV: C-356/04 [2006] All ER (D) 92 (Sep) is of significant assistance in clarifying its interpretation.

The Directive permits a comparative advertisement as long as it fulfils particular conditions, including:
 it is not misleading;
 it compares goods or services meeting the same needs or intended for the same purposes;
 it objectively compares one or more
material, relevant, verifiable and representative features of those goods and services which may include price;
 it does not create confusion in the market place between the advertiser and a competitor, or between the advertiser’s trade marks, trade names, other distinguishing marks, goods or services and those of the competitor; and
 it does not present goods or services as imitations or replicas of goods or services

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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