International Advertising Clearance - May 2004 - GALA

Q: What is your country’s law on privacy and/or rights of publicity regarding the use of famous
people in advertising without their express permission ?
A: Famous people, as well as common people, cannot be used without permission for
advertising a product or service.
Q: What is your country’s law on the use of other people’s products in advertising without the
product owner’s permission? For instance, if a mustard company used a very recognizable
automobile as part of its advertisement, would the automobile company have a right of action
against the mustard company for false affiliation or false endorsement?
A: There is not a specific regulation for this matters, but there is no doubt that the
automobile company will have an action against the mustard company. This is so
because the advertisement will represent an infringement on its trademark rights and
also a case of unfair trade or illegal competition.
Q: Are there any restrictions or regulations with respect to price advertising?
A: No
Q: Are there any laws, restrictions or regulations which are particular to the culture of your
country which affect advertising, e.g. Swedish gender equality law?
A: No
Q: Are there any cultural norms that should be considered when preparing advertising to be
disseminated in your country (e.g. a strong religious or ethnic presence that might affect the
appropriateness of certain creative material or advertising message)?
A: No
Q: Is there any other general advice or cautions you would give to advertisers operating in your
country?
A: The precisions given on an advertisement oblige the offeror and they are
understood as included in the contract with the consumer.