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Comparative Advertising - Essay Example

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Comparative advertising, as a special form of advertising sales promotion evidence that compares the products or devices of one undertaking with those of another, or with those of other competitors. …
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Comparative Advertising
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Comparative Advertising

All comparative advertising is designed to highlight the advantages of the goods or services offered by the advertiser as opposed to those of a competitor. In order to achieve this objective, the message of the advertisement must necessarily underlie the differences between the goods and services compared by describing their main characteristics. The comparison made by the advertiser will necessarily flow from such a description. The rules on competitive advertising are defined by statutory law, in specific rules, in addition to the general rules on unfair competition. Main rules belong to advertising law, but they are in strong competition with the competition law rules. Interests of competitors as well as those of consumers are protected by both Acts. Before October 1994 there were various laws in the UK restricting comparative advertising, thought not prohibiting it per se. For example, the use of a trade mark registered in Part A of the trade Marks Register by a third party in its advertising constituted trade mark infringement under section 4 (1) (b) of the Trade Marks Act 1938, regardless of the content of the advertising. The 1990 White Paper, Reform of Trade Mark Law, noted that public opinion towards comparative advertising had changed, but that it was unacceptable to allow an advertiser to ride on the back of a competitors trade mark. ... Read More
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