Many businesses use advertising which compares their products with those of competitors. Comparative advertising is a difficult area as there are many pitfalls for the unwary. A

dvertisements which refer to competitors products and services are subject to complex legislative controls and there is also a substantial body of case law which the courts use to determine whether any particular advertisement is lawful.

The law on comparative advertising has been harmonised throughout the EU concerning misleading and comparative advertising.

The Comparative Advertising Directive defines 'advertising' as any form of representation which is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of goods or services'.

A comparative advertisement is one that explicitly or by implication identifies a competitor or goods or services offered by a competitor.

By Jane Coyle

Jane can be contacted at jane@trademarkroom.com