Comparative advertising is advertising that directly or indirectly identifies a competitor or its products. It is not prohibited, but it is permissible only if several conditions are met at the same time. It must not be misleading, it must compare goods or services meeting the same need, the comparison must relate to verifiable and material features including price where relevant, it must not discredit the competitor or its brand, it must not create confusion, and it must not take unfair advantage of the reputation of another trade mark. In practice this means the comparison must be factual, verifiable, and current – a comparison using a competitor's outdated price is misleading. For comparison content on a website it is therefore important to state the date the data is valid. Have the specific wording reviewed by a lawyer.
See also: Comparison content for AI, Trademark in advertising, Time validity of data.
