• Dettalji tal-Każ
    • ID Nazzjonali: 1038/2011
    • Stat Membru: Malta
    • Isem Komuni:Beer House Limited vs Max Diner Limited
    • Tip ta’ deċiżjoni: Deċiżjoni tal-qorti, l-ewwel grad
    • Data tad-Deċiżjoni: 27/01/2017
    • Qorti: Prim’ Awla, Qorti Ċivili
    • Suġġett:
    • Rikorrent: Beer House Limited
    • Intimat: Max Diner Limited
    • Kliem Prinċipali: advertisement, false impression, misleading advertising
  • Artikoli tad-Direttiva
    Misleading and Comparative Advertising Directive, link
  • Nota Introduttiva
    (1) Advertising on vans and website may amount to misleading advertising, even if the trader previously had the right to use them, if they give the wrong impression that that trader is still an exclusive agent for the product.
  • Fatti
    Plaintiff company was the exclusive agent for a branded beer (‘Molson Coors’). Defendant had Molson Coors artwork/marks on its vans and stationery. Plaintiff instituted a case for unfair competition, based, inter alia, on Article 32B of the Commercial Code (Cap. 13 of the laws of Malta) on misleading advertising (which implements Article 3 of Directive 2006/114/EC). Defendant argued that this was not true, and that it had previously had a gentleman’s agreement to distribute the said products.
    The court noted that plaintiff was not expecting to stop parallel trading; it objected to the fact that defendant company was acting as if it was the exclusive agent of the foreign company. The said foreign company had objected to the defendant’s advertising of its product, both on its vans and on its website.
  • Kwistjonijiet legali
    (1) Can advertising of products on vans and websites amount to misleading advertising, if trader previously had the right to use such advertising?
  • Deċiżjoni

    The court concluded that for a period of time the defendant were making use of names, marks or distinctive devices in an abusive manner, as well as using advertisements whose presentation deceived or was likely to deceive the persons to whom they were addressed. This lead to unfair competition and harm through the spreading of false news.

    URL: http://www.justiceservices.gov.mt/courtservices/Judgements/search.aspx?func=all

    Test sħiħ: Test sħiħ

  • Każijiet Relatati

    Ebda riżultat disponibbli

  • Letteratura Legali

    Ebda riżultat disponibbli

  • Riżultat
    The court accepted plaintiff’s claims and awarded it the sum of EUR 1,000 as well as ordering the destruction of the defendant’s advertising.