Since 2002, the law has permitted entrepreneurs to make comparisons with their business rivals’ products or services in advertising campaigns. You can even use your competitors' trademarks in your advertisements - under certain conditions.
Limitations in the law
Nevertheless, the law and the legal system do set limits
with respect to comparative advertising, as well as other forms of
advertising. For example, advertisements may not be misleading or
unfair. The Advertising Code Committee has also drawn up a set of
regulations relating to the Dutch Advertising Code (www.reclamecode.nl). Besides general
regulations, this code also includes special regulations for
advertising certain products and services such as alcohol, tobacco,
foodstuffs, cars and travel. There are furthermore special
regulations for advertising that focuses on children, door-to-door
advertising brochures, and, for example, telemarketing
services.
Advice and assistance
Our IP&T specialists are thoroughly familiar with the
regulations in advertising law. We provide assistance to
entrepreneurs, advertising agencies and other interested parties in
the event of anyqueries concerning the admissibility of
advertisements shown on television or the Internet or sent by
e-mail, SMS or other media. Our specialists will advise you, and
will take the matter to court or lay it before the Advertising Code
Committee if necessary
The practice group IP&T, together with Herrero successfully represented Canna a company active in the field of fertilisers in the Community Trade Mark Court in Alicante (and in appeal).
More information »
Other cases »
The practice group IP&T was chosen as Herbalife’s supplier for legal services in The Netherlands. Martin Hemmer of AKD’s IP group acts as their account manager.
More information »
Other cases »
The practice group IP&T has assisted Inditex, right holder to the famous Zara brand name in a number of litigious files and procedures concerning the defence of its brand name before the Benelux office.
More information »
Other cases »
The practice group IP&T assists Kruidvat with litigation and delivers advisory services.
More information »
Other cases »
The practice group IP&T is the key counsel of Princess Household Appliances B.V., a Dutch multinational active in the field of household products, sports and entertainment.
More information »
Other cases »
The practice group IP&T supports Samsung’s printer supplies division and mobile communications division with all its anti counterfeiting work across the European Union and outside.
More information »
Other cases »
Peter Claassen and Martin Hemmer of AKD represented clothing chain The Sting in a case brought by Tommy Hilfiger involving an alleged infringement of its trade mark.
More information »
Other cases »
The practice group IP&T represents The Sting in litigation and delivers advisory services in IP cases.
More information »
Other cases »
