PART 1DEFINITIONS AND PROHIBITIONS
Comparative advertising4
Comparative advertising shall, as far as the comparison is concerned, be permitted only when the following conditions are met—
a
it is not misleading under regulation 3;
b
it is not a misleading action under regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 M1 or a misleading omission under regulation 6 of those Regulations;
c
it compares products meeting the same needs or intended for the same purpose;
d
it objectively compares one or more material, relevant, verifiable and representative features of those products, which may include price;
e
it does not create confusion among traders—
i
between the advertiser and a competitor, or
ii
between the trade marks, trade names, other distinguishing marks or products of the advertiser and those of a competitor;
f
it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, products, activities, or circumstances of a competitor;
g
for products with designation of origin, it relates in each case to products with the same designation;
h
it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products;
i
it does not present products as imitations or replicas of products bearing a protected trade mark or trade name.