Advertising Law

Advertising law concerns various issues. It may concern misleading communication, incorrect comparative advertising, a disputed advertising slogan or sponsorship in radio or TV formats (what is still allowed?) Advertising law also concerns the trademark, the tunes and design right.

Besides copyright, there is also a regulation on unfair commercial practices. The slogan register may also be relevant at times. This is not a legal register.

Advertising law may also affect the interplay between freedom of expression and the content of an advertisement (“good taste”) and may be heard by the Dutch Advertising Code Committee and the Board of Appeal. Advertising law is also referred to as an advertising right.

This is important for advertising agencies and their customers who compete with one another. What is allowed and what not? We advise on this subject based on, inter alia, the EU Directive 2005/29. It may concerns “claims” of health or product safety (“light”) in connection with, for example, the Commodities Act or pharmaceutical rules. Where food becomes medicine and a painkiller becomes a sweet, advice on trademark and advertising law is called for. Also, advice on designation of origin and geographical origin and sponsorship is important in this respect. An example: may cheese be called “Danish blue”, even though the milk and process are not Danish as the name is intended to indicate? Here, the origin does not coincide with the geographical origin, so it is not allowed.