When a company points out its own advantage, or a competitor's weakness, in its advertising by making direct or indirect references to the competition, it's called comparative advertising. In 1979, ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
A comparative advertisement can have an active merchandising effect for one entity but at the same time can create negative consumers' opinions in respect of its competitors. Thus, regulation of ...
Competitive advertising is an effort by at least one company to create a contrast between its product and the same or similar product offerings by competitors, according to Study.com. By establishing ...
Two recent decisions of the National Advertising Division of the Better Business Bureau provide helpful insights into how product performance comparisons should (and should not) be crafted to be ...
Comparative advertising can be an effective marketing tool to tout product benefits vs. competitors, but consumers shouldn’t need to read confusing fine print disclaimers and whip out their ...
Journal of Advertising, Vol. 22, No. 3 (Sep., 1993), pp. 41-57 (17 pages) Although comparative advertising is often intended to affect how the advertised brand is perceived in relation to the ...
Several rules have been applied to comparative advertising, for example competition law rules which regulate unfair competition (Section 159 of the Argentine Criminal Code, Section 10 bis of the Paris ...
A case from the European Court of Justice offers invaluable guidance for what is acceptable in comparative advertising, especially when it comes to comparing the prices of goods sold in different ...
A videogame promoted by Gatorade encouraged users to pass up water in favor of its product, but the company's settlement with a state prosecutor could be a sign that companies should avoid similar ...
Journal of Public Policy & Marketing, Vol. 10, No. 2, Environmental Problems and Marketing (Fall, 1991), pp. 161-181 (21 pages) The law of comparative advertising has evolved from providing virtually ...
In Media Markt v eBay, the Court of Appeal of Brussels has clarified that comparative advertising that uses a third-party trademark, but does not meet the requirements of comparative advertising, does ...