Comparative advertising and the Fair Trading Act
While the Trade Marks Act governs whether comparative advertisements are permitted in the first place, the Fair Trading Act complements this regime by providing rules that can be used to regulate the substance of such advertisements. There are four sections of the Fair Trading Act potentially relevant to the practice of comparative advertising. These are: (a) section 9 (misleading and deceptive conduct in the course of trade); (b) sections 10 and [...]