Misleading and Comparative Advertising Directive, Article 2, (c) Misleading and Comparative Advertising Directive, Article 4 Misleading and Comparative Advertising Directive, Article 4

Misleading advertising of shoes.

Relevant part: Seller A advertised its shoes by giving the impression that the competing shoes were no longer available.

The case mainly focused on whether there was a trademark violation. In addition, one part of the advertising was an issue because of the misleading statements that could lead the consumer to believe that the competing shoes were no longer available.

The advertising was misleading with reference to the Danish Commercial Practice Act article 3.

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Seller A had to pay compensation to seller B.