n Comparative and International Law Journal of Southern Africa - Trade marks and comparative advertising
|Article Title||Trade marks and comparative advertising|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Publication Date||Jul 2010|
|Pages||173 - 189|
|Keyword(s)||University of South Africa|
In terms of South African law, comparative advertising may be unlawful on two grounds, namely the common law relating to unlawful competition and infringement of a registered trade mark. Under the common law comparative advertising is generally permitted unless the advertisement contains untrue disparaging allegations. As far as trade-mark legislation is concerned, it was generally believed that comparative advertising amounted to trade-mark infringement. However, recent decisions in Europe and South Africa have introduced restrictions into the infringement provisions which limit the infringement rights of trade-mark proprietors. This article discusses these restrictions and compares the approaches adopted in Europe and South Africa and their effect on the lawfulness of comparative advertising.
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