Comprehensive Advertising – Smell Like/Look Like?

legal updates

"This headlight is as good as replacement as the Mercedes/Jaguar/Audi genuine one"

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This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

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In a recent case involving perfumes (L’Oreal SA and others v Bellive NV and others Case C-487/07) it was held that where a supplier used comparison lists to be supplied to retailers which gave the name of the genuine perfume that the cheaper product was imitating then this was unlawful comparative advertising. 

It might seem this case has no bearing on the motor trade but be aware that if you are saying things like “this headlight is as good as replacement as the Mercedes/Jaguar/Audi genuine one” then you could fall foul of this law. 

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The result should serve as a warning to all traders to ensure vehicles are accurately described.

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Trading Standards are meant to provide help and suggestions to ensure future compliance.

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