Timothy Heaps
Tim trained with Bristows and qualified into the Intellectual Property Litigation department in 2014. His experience covers both contentious and non-contentious matters, with a focus on trade mark and copyright disputes, patents, confidential information and advertising advisory work. Since joining Bristows, he has spent time on secondment in the in-house legal department of a multi-national company, advising on brand protection and marketing.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2014
Membership
- Society for Junior Intellectual Property Practitioners
Education
- BSc (Hons) Psychology, University of Durham
- LLB, The College of Law, York
- Diploma in Intellectual Property Law and Practice, University of Oxford
2 Contributions by Timothy Heaps
PRACTICE NOTES
Comparative advertising in the UK: legal framework, conditions for lawfulness, trade mark interaction and enforcement
Many companies aim to promote their goods or services by drawing comparisons with a rival to secure a commercial edge. For example, a business might present its products as superior in quality or more competitive in price than a competitor’s. The law in this area seeks to balance the various interests affected when comparative advertising is permitted.
In short:
adverts may point out comparable features of products to consumers, but
adverts must not distort competition, harm trade mark proprietors, or negatively impact consumer choice
Content
This Practice Note examines the following areas:
What is comparative advertising?
Legal framework
What conditions must be satisfied for a comparative advert to be lawful?
How does comparative advertising relate to trade mark law?
Enforcement in the UK
See also: —checklist.
What is comparative advertising?
It is defined as any advertising which, expressly or by implication, identifies a competitor or the goods or services offered by a competitor. The definition was originally derived from Article 2(c) of Directive 2006/114/EC (the EU Misleading and Comparative Advertising Directive)...
IP
PRACTICE NOTES
UK Advertising Standards Authority: Lawyers’ Guide to Complaints Handling, Investigations, Decisions, Appeals, Enforcement Powers, CAP/BCAP Codes, and Regulatory Overlaps (CMA, Trading Standards, Ofcom), with Common Breaches
Who/what is the ASA?
The Advertising Standards Authority (ASA) is the UK’s independent regulator overseeing advertising in every type of media. It applies and enforces the Advertising Codes of Practice. The ASA Council serves as the final decision‑maker, ruling on whether advertisements meet the Codes of Practice, and you would generally only encounter the Council at the closing stage of the complaints process. For more information visit www.ASA.org.uk...
Statutory regulatory objectives
The UK’s regulatory framework is shaped by two committees that create the Codes implemented by the ASA:
the Committee of Advertising Practice (CAP), and
the Broadcast Committee of Advertising Practice (BCAP)
CAP develops the UK Code of Non‑Broadcast Advertising and Direct & Promotional Marketing (CAP Code), while BCAP authors the UK Code of Broadcast Advertising (BCAP Code) (together, the Codes of Practice). For further guidance, see Practice Note: Advertising law and regulation...
The ASA complaints process
The ASA website enables both consumers and the industry—i.e. other advertisers or competitors—to submit complaints. The process for handling complaints is outlined below...
Notification
Upon receiving a complaint, the ASA will...
TMT
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