There are various routes and opportunities for comparative advertising in the UK, but there are reputational risks, as many have found out.
That’s according to Mishcon de Reya partner Sally Britton, who was talking on a panel at the Marques 31st Annual Conference in Prague.
Chaired by Jesse Hofhuis of Hofhuis Alkema Groen, the session examined the options for protecting advertising campaigns and graphic designs on the basis of copyright and advertising law.
Britton mentioned cases including French Connection UK, which was subject to a two-year pre-vetting of every advertising campaign it ran, following the release of free condoms and t-shirts with a sexual message.
“In a dynamic world such as marketing, having to get campaigns vetted before releasing them can be a time-consuming process.
"There are several routes some can take if they feel an advert is unfair. For example, in the UK, the Advertising Standards Authority have the power to remove ads they deem inappropriate,” she said.
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