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BusinessDay
November 2016
INSIGHTS
Recent case sheds light on internet
keywords, comparative advertising
Comparative advertising, when
properly regulated, promotes
competition: however, it is still
a relatively new concept in SA
and is influenced by factors
such as the Trade Marks Act;
the provisions relating to
unlawful competition; and the
Code of Advertising Practice of
the Advertising Authority of SA
(ASA code).
Eben van Wyk, partner at
Spoor & Fisher Cape Town,
says the ASA code specifically
permits comparative
advertising, subject to a number
of requirements including,
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third-party trademark in a
comparative advertisement is
now unlikely to constitute
trademark infringement.
A more recent, topical form
of comparative advertising
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