Advocate General says comparative advertising is not a matter of trade mark law |
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| Authors: | England Paul |
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| Affiliation: | Herbert Smith LLP, London |
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| Abstract: | According to Advocate General Mengozzi, trade mark infringementis not relevant in assessing the legality of a third party'suse of an identical trade mark or similar sign in comparativeadvertising, but such advertising is governed exhaustively byArticle 3a of the Misleading Advertising Directive (84/450),as amended by the Comparative Advertising Directive (97/55)(CAD). |
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