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Case Details

Case Details
National ID Decision no. 1207/2016
Member State Romania
Common Name link
Decision type Court decision in appeal
Decision date 29/02/2016
Court Bucharest Tribunal
Subject
Plaintiff Unknown
Defendant National Agency for Fiscal Administration
Keywords advertisement, comparative advertising

Misleading and Comparative Advertising Directive, Article 4 Misleading and Comparative Advertising Directive, Article 4, (a) Misleading and Comparative Advertising Directive, Article 4, (d) Misleading and Comparative Advertising Directive, Article 4, (f)

An advertising containing a direct reference to another advertising already used by a competitor constitutes comparative advertising.
The plaintiff conducted a promotion using the following advertising "Some boast the price revolution, we boast the fair price resolution". At the same time, a well-known competitor already promoted its products by using the advertising phrase "Price revolution", which was also registered as a trademark.

The competent body (the defendant) stated that the deed represents an infringement of letters a, d and f of article 6 of Law no. 158/2008 and, therefore, sanctioned the plaintiff for the commitment of three misdemeanours.

The plaintiff submitted a court action against the defendant requesting the annulment of the minutes ascertaining the misdemeanours.
The court stated that the advertising is comparative in accordance with the relevant legal provision. However, a deed infringing several letters provided by art. 6 of Law no. 158/2008 triggers the application of only one sanction.
Does an advertisement containing a direct reference to another advertising already used by a competitor constitute comparative advertising?
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The court admitted the action in part.