Renommésnyltning Bestämmelsen om jämförande reklam enligt marknadsföringslagen

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Many companies sometimes affects that a competitive company pulls use for their trademark or their products in his advertising. It can for instance be that the company uses alike symbols or features and on so ways fields a free ride on another companies good reputation. This procedure is called reputation parasitism and settles in the marketing act, 8 a § comparative advertising. You can also condemn after the marketing acts 4 § general requirement which’s says, “marketing must be compatible with good marketing practice” which also agrees with international chamber of commerce. In this essay I have chosen to look more deeply in to the marketing acts regulation for comparative advertising to see if the regulation is sufficient effective, through looking closer to a couple of ruling cases in the established practice. The sanction according to the general requirements (4§marketing act) is prohibition and conditional fine whereas the sanction according to comparative advertising (8a§ marketing act) is market disruption fee. 2005 the European Union admitted the directive 2005/29/EG concerning unfair business-to-consumer commercial practices in the international market, that led into prop. 2007:08/115 as a new proposal to a new marketing act. The regulation about comparative advertising will not change with exception for the regulation about ”special offer” which will omit.

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