Motor industry is odd man out
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THE REPORT "Van ads rumpus" (CM December 1) indicates that comparative advertising is permitted in this country but not in Germany or most other European countries.
This is not entirely correct. So far as the United Kingdom is concerned, any use of a registered trade mark (except marks that are only registered in Part B of the Register) for comparative advertising, contravenes the rights given by registration, and renders the advertiser liable to trade mark infringement proceedings by the trade mark owner.
These provisions are used by most sectors of British industry to prevent comparative advertising — it is only the motor industry that seems reluctant to make use of trade marks for this purpose.
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