Are you allowed to mention a competitor in your advertising materials? And when is the advertisement considered false, incomplete or misleading? The lawyers of the IP department at Dirkzwager specialise in advertising law; they provide advice on the legal admissibility of advertisements and litigate in court and with the Advertising Code Committee (Reclame Code Commissie) in connection with misleading advertising, comparative advertising and internet marketing.
Do you mention your competitor by name (implicitly or explicitly) in comparative advertising? Do you intend to start an advertising campaign in which your products or services will be compared to those of your competitor(s)? Case law on comparative advertising reasons based on individual cases. This is why it is a good idea to have advertising materials examined by experienced specialists.
Advertising, including packaging and other statements, must not be misleading. It could be misleading due to inaccurate or incomplete texts or statements, for example, regarding the nature or characteristics of a product or service, or the price. Since misleading advertising is prohibited by law, the court may order cessation thereof in preliminary relief proceedings (as with unauthorised comparative advertising).
Lawyer specialising in advertising law
Want to know more about advertising law? We act for a wide range of clients in SMEs and large businesses, in different sectors, such as the manufacturing industry, food and non-food and advertising agencies. We publish a great deal on legal topics that are relevant to the practice. We are pleased to share our specialised knowledge with you, so you can stay up-to-date with important developments relating to Advertising Law, including misleading and comparative advertising.