Business adverts are fraught with legal ramifications, the obvious issues are trade mark infringement, passing off etc. But it is important to also consider the Business Protection from Misleading Marketing Regulations 2008 (BPMMR 2008). Â The BPMMR 2008 implements Directive 2006/114/EC which concerns misleading and comparative advertising. Under the Regulations advertisements are prohibited which mislead traders. They also set out the conditions under which comparative advertising is permitted.
There are a number of criminal offences (and defences) that apply where a trader engages in misleading advertising. The Regulations also place a duty on the OFT to enforce them and give the OFT the power to take proceedings for an injunction in order to secure compliance with the Regulations.
