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Law 797-J: International Intellectual Property: Trademarks - Advertising Issues

Resources on False Advertising

Malla Pollack, J.D., Suing for False Advertising under Federal Lanham Act, 111 AM. JUR. TRIALS 303 (2009).
(Westlaw Link)
Charlotte J. Romano, Comparative Advertising in the United States and in France, 25 NW. J. INT'l L. & BUS. 371 (2005).
(HeinOnline link)
Warren S. Grimes, Control of Advertising in the United States and Germany: Volkswagen Has a Better Idea, 84 HARV. L. REV. 1769 (1971).
(HeinOnline link)
Government of Canada: Deceptive Marketing Practices
Official Canadian government website discussing false advertising.
National People's Congress of the People's Republic of China: Advertisement Law of the People's Republic of China
Chinese government website explaining advertising laws (translated to English).
Seifried IP
A German IP firm that does a great break down of false advertising laws/standards in Germany with citations to cases/law.

European Union & Member Countries

European Union - Unfair Commercial Practices Directive
The Unfair Commercial Practices Directive addresses the issue in terms of unfair commercial practices and consumer protection. Article 6 (2) (a) lists marketing or comparative advertising which creates confusion with trade marks as misleading. Article 14 (1) concerns comparative advertising.
Ireland - Consumer Protection Act 2007
United Kingdom - S.I no. 1277, Consumer Protection from Unfair Trading Regulations 2008

Other Countries

Canada - CanLII
Federal and provincial Canadian case law on comparative advertising and trade marks can be searched on CanLii.

Last Updated: Apr 18, 2024 11:02 AM
URL: https://libguides.law.illinois.edu/InternationalIP
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Subjects: Intellectual Property

Tags: copyright, intellectual property, patents, research, trademark