Like many businesses, we have found the last couple of years tough. Things are starting to pick up but we’ve now realised that we need to take a more aggressive stance if we want to get our name out there; especially as we believe that we’re better than our nearest competitor. We have earmarked quite a lot of money for an advertising campaign but are we allowed to refer to them by name in our adverts as that would make a big difference in terms of impact?

The short answer is that you can engage in comparative advertising provided that you do it fairly. This law was significantly changed in 2008 by the ‘Business Protection from Misleading Marketing Regulations’. The Advertising Standards Agency has mirrored these Regulations in its most recent codes of practice which came into force in September 2010. A comparative advertisement must not be misleading, must compare ‘like for like’ goods or services, and features that are compared must be relevant, representative and objectively verifiable. It also shouldn’t cause confusion, shouldn’t present goods as imitations of trademarked products and shouldn’t ‘freeride’ on a much more famous product or trade mark. Most of the complaints to the ASA are about unfair price comparisons. However, there is also danger for aggressive advertisers as advertising that discredits or denigrates a competitor, its products or brands is forbidden. You shouldn’t directly attack or mock your competitor. If you get it wrong the competitor could complain to the Advertising Standards Authority or the OFT or sue you for trade mark infringement.  There is also some authority that reproductions of competitor’s logos or artwork may be a breach of copyright. In extreme cases the OFT may decide to take proceedings for breach.’

If you have a question you’d like to Ask Andy, contact him at askandy@dbf-law.co.uk

 

 

Testimonials

Read what our clients have to say...

View All

Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

Our Manchester office is rated 5 stars on Google