Trade Marks - Gibraltar (UK) Ltd and another v Viovet Ltd
Molly (x) 2020 Jane Lambert: all rights reserved Jane Lambert Chancery Division, Intellectual Property List (James Pickering KC) Gibraltar (UK) Ltd and another v Viovet Ltd [2024] EWHC 777 (ch) "Comparative advertising" is defined by reg 2 (1) of The Business Protection from Misleading Marketing Regulations 2008 (SI 2008 No 1276) as "advertising which in any way, either explicitly or by implication, identifies a competitor or a product offered by a competitor." The same regulation defines "advertising" is "any form of representation which is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of a product." That form of advertissing was prohibited by s.4 (1) of the Trade Marks Act 1938 following the Court of Appeal's judgment in Bismag Ltd v Amblins (Chemists) Ltd. [1940] Ch 667, [1940] 2 All ER 608, 109 LJ Ch 305, 57 RPC 209, 84 Sol Jo 381, 163 LT 127, 56 TLR 721. The 1938 Act