Comparative advertising is any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor. This Practice Note considers the conditions which must be satisfied in order for comparative advertising to be lawful, and discusses the interplay between comparative advertising and trade mark infringement. It also includes a checklist of key factors that an advertiser should consider when using comparative claims relating to competitors in an advertising campaign.
This Practice Note, produced in partnership with Paul Jordan and Tim Heaps of Bristows LLP, provides high level guidance on dealing with the Advertising Standards Authority (ASA), focusing specifically on responding to a complaint made to the ASA. It also contains guidance on common causes of complaints.
This Practice Note is intended for reference when considering the inclusion of a product or service in a television or radio programme in return for consideration. It discusses the Ofcom Broadcasting Code, which sets out the rules that govern which types of products can be placed, which genres of programmes are permitted and how the products can be placed.
This is a precedent set of prize promotion terms and conditions suitable for a simple prize competition or a free prize draw. The terms and conditions will assist in complying with the rules governing prize promotion advertising under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).
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