Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is for educational purposes, and not meant to be legal advice.

Comparative advertising in the United Kingdom is subject to the following guidelines:

(a)  Use of another’s trademark must be in accordance with honest practices as expected by reasonable readers of the advertisement in the industry (i.e. puffery or failure to point out all of a competitor’s advantages is not considered dishonest).

(b)  Use of another’s trademark must not take unfair advantage of or is detrimental to the distinctive character or reputation of the trademark.

(c)  Use of another’s trademark must not create a risk of confusion.

(d)  Comparisons should be clear and fair.  Elements should not be selected in a way that gives the advertiser an artificial advantage.  Compare at least one material, relevant, verifiable and representative feature of like products or services.  It is not necessary to compare all relevant features, provided the overall comparison is fair.

(e)  Do not unfairly attack or discredit other businesses or their products or services.

(f)  Do not make unfair use of the goodwill attached to the trademark, name, brand, or advertising campaign of any other business.

(g)  No ad should so closely resemble any other that it misleads or causes confusion.

(h)  Before publishing an ad, have evidence to prove all claims, whether direct or implied, that are capable of objective substantiation, with the source, nature, results of any comparative tests made clear.  Obtain appropriate consents from survey publishers.

(i) Do not misappropriate the goodwill of other businesses through misrepresentations that a company’s products or services are connected to those of other businesses. 

(j)  Do not present products or services as an imitation or replica of goods or services bearing another company’s protected trademark.

(k) Prevent trade libel and malicious falsehood claims against a company by not making untrue disparaging statements about other companies that a reasonable person would take seriously.

(l)  Ads should not incorporate any copyrighted works of a competitor, such as a competitor’s original drawings, screen shots, designs, or photographs.