In our recent A&M event series webinar, Lewis Silkin IP Partner Oliver Fairhurst and guest speaker Flora Joll (Strategy Director, JOAN Creative) explored what amounts to comparative advertising, the key UK rules that govern it, and the practical issues that arise when advertisers refer to competitors, their products or their branding. Here we recap some of the key insights from the webinar.
What is comparative advertising, and why do brands use it?
"Comparative advertising" means advertising which in any way, either explicitly or by implication, identifies a competitor or a product offered by a competitor. In this context, the definition of advertising is very broad, and includes any form of representation which is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of a product. For example, advertising can include statements made to the press or on the packaging of a product. Comparative advertising is also a broad concept and