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