World Trademark Review 22
Country correspondents
Advertising
Benelux - Arnold + Siedsma
The ECJ’s decision in the O2 Case has clarified key issues unique to Benelux. However, inconsistencies in
approach are still apparent.
Brazil’s new fondness for comparative ads has highlighted ambiguities in the legal regime in this area.
However, there is considerably more certainty over ambush marketing: the country’s selection as host of the
2014 World Cup and the 2016 Olympics have already prompted bills on the subject.
Facebook is bringing in new privacy measures in response to criticism in Canada over its handling of
personal data. The new approach looks likely to have an impact on mark owners' advertising strategies.
Often the best way to make a product stand out is to compare it to competing products on the market. However,
while powerful, comparative advertising treads a fine legal line between good business and unfair competition.
While a fully joined-up European advertising policy remains a dream, at least the Danish system has
been updated to provide comprehensive coverage. Moreover, individuals have a strong ally against unfair
advertising in the shape of the Consumer Ombudsman.
In a landmark decision, the High Court of Madras has attempted to tighten the rules on comparative
advertising. However, the ruling may have opened the door to inconsistency in the interpretation of the
law in this area.
Is the online use of a third-party mark to link through to competitor products lawful? Case history in
Israel to date shows an increasing leniency towards this activity - Oren Mandler and Kfir Luzzatto analyze
the reasons why.
Advertisers must take into consideration provisions of the Consumer Code and Legislative Decree 145/2007
when devising a marketing campaign. Any breach of the rules could lead to the advertisement being
suspended and a fine.
A recent high-profile marketing initiative by a Mexican pharmaceutical company appears to be a clear
example of unfair competition. This article puts the campaign in context and looks at the likely outcome
for the advertiser.
Norwegian law offers several means of enforcement against unfair and comparative advertising. This article
analyzes the options available and provides an overview of recent amendments to the Marketing Control Act.
The legislation on unfair and comparative advertising has its roots in the rules on unfair competition.
The introduction of changes to the Advertising Code in 1998 clarified the law by implementing the EU
Comparative Advertising Directive.
A boom in advertising over the past 10 years is reflected in the development of related legislation. However, there
is limited case law from the courts in this field due to the significant enforcement powers of regulatory bodies.
Russian advertising law is not extensive and can be ambiguous, but an analysis of recent cases reveals that
the legislation is, for the most part, interpreted intuitively.
The sprawling legislative regime governing advertising, along with a fragmented administrative system,
means that practitioners must stay on their toes when trying to determine whether an advertisement is
permitted in Spain.
