Category: freedom of expression

Comparative advertisements must not be misleading

Boehringer Ingelheim Ltd and Others v Vetplus Ltd

Court of Appeal

“No interim injunction would issue to inhibit comparative advertising, whereby one trader promoted his goods over those of a rival, unless the claimant could show the advertising was misleading and he would probably win a permanent injunction at trial.”

The Times, 27th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only availble free on Times Online for 21 days from the date of publication.

Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd. [2007] EWCA Civ 584

“Where a trader sought to publish in comparative advertising the results of tests of a rival trader’s product, an important issue of freedom of expression was engaged, even though the comparative advertising would be aimed at diverting trade from one trader to another; and therefore the court would not grant an interim injunction to prevent such publication unless the court was satisfied that the applicant would succeed at trial in obtaining a final injunction.”

WLR Daily, 20th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.