The defendant is a distributor of electronic devices, including TV sets.
The proceedings concerned the advertisement campaign of TV sets launched by the defendant which resembled the social campaign carried out by the Ministry of Administration and Digitization in which certain crucial information related to the introduction of digital television.
The campaign carried out by the defendant used certain features characteristic for the social campaign, including an old lady wearing glasses as the main character, similar dialogues, labelling the packaging of the TV with a similar sign (to the sign promotion digital television).
Therefore, the consumers could actually consider the products offered by the defendant as falling within the scope of the social campaign and thus, recommended by the Ministry.