uk-netmarketing Archive (2011-2015)

The OFT provide a checklist of don'ts for comparative marketing which I've
attached at the bottom of this email underneath my signature and can be
found at
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft1056.pdf . The
real problem your client has, however, a simpler one and that is the size
of your pocket compared to the company complaining.

Personally I would just bin the page and replace it with a comment along
the lines of "we have had negative feedback on company xxx but have been
asked by them remove it." And remove all links to both them and competitors
from the page.

I know its not the answer you want to hear but to be honest you could waste
months dealing with something like this and that time would be far better
spent doing other things.

Regards,

Ben Thompson

Your comparative advertisement must not contain any of the
features listed below. If it does it is not likely to be permitted.

The advert gives false information

1. The advert gives false information t 1. o, or deceives consumers,
and this causes, or might cause, the average consumer to take a different
decision about any goods, services, rights and/or
obligations than they otherwise might have taken.
2. The advert fails to give consumers enough
information about a product and this causes, or might cause the average
consumer
to take a different decision about any goods, services, rights
and/or obligations than they otherwise might have taken.
3. The advert is misleading under the BPRs.
4. The advert compares products that do not meet the same
needs or are not intended for the same purpose.
5. The advert fails to objectively compare one or more material,
relevant, verifiable and representative* features of those
products, which may include the price.
6. The advert creates confusion (among traders) between the
advertiser and a competitor or between the trade marks, trade
names, other distinguishing marks or products of the advertiser
and those of a competitor.
7. The advert discredits or denigrates the trade marks, trade
names, other distinguishing marks, products, activities or
circumstances of a competitor.
8. The product advertised, which has a particular designation of
origin, is compared to a product with a different designation of
origin.
9. The advert takes unfair advantage of the reputation of a trade
mark, trade name or other distinguishing marks of a competitor,
or of the designation of origin of competing products.
10. The advert presents goods as imitations or replicas of goods
with a protected trade mark or trade name.





On 14 November 2011 09:43, Mark Johnson <me_mark_johnson at yahoo.co.uk> wrote:

> One for the legal eagles on NM please.
>
> A client of mine runs a website which is a reviews directory of sites in a
> market sector. As part of the reviews directory, which lists every single
> site in the market (irrelevant of whether or not they are a client), the
> directory listing uses screenshots from each site. It's similar to Rotten
> Tomatoes.
>
> One of these sites has had a falling out with a site who is an affiliate
> client (they dont like the fact that people are posting negative reviews)
> and has been told that they must remove the screenshots. They've received a
> snotty letter from the lawyers stating;
>
> *".. you have no right or license to reproduce these screenshots"*
> **
> They also go on to state that my client may only use the site name *'in
> accordance with honest practises in industrial and commercial matters'* but
> that the sites review system is '....*significantly misleading and in
> contrary to the provisions of the Business Protection from Misleading
> Marketing Regulations 2008'.*
>
> So, two questions I suppose;
>
> 1) Can my client continue to use a screenshot from the site?
>
> 2) Can they force my client to a) not use the site name and b) have to
> amend the review system?
>
> I think the client feels he's being bullied here when he's not really
> doing anything wrong, just that the site doesnt like the bad reviews.
>
> Thanks
>
> Mark
>
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