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practices by marketing COKO building blocks that created risk of confusion with LEGO building blocks. The blocks were on display for sale in Biltema’s outlets and they were also marketed through a mail order catalogue and Biltema’s web pages. The Market Court found that there was confusing similarity between the imitations and the original LEGO blocks and prohibited Biltema from continuing the marketing of the COKO blocks in its mail order catalogue. The Market Court took the view that it is, under the Unfair Business Practices Act (1061/1978), not authorized to issue a sales ban. LEGO was granted leave to appeal and appealed to the Supreme Court, which found that the concept of marketing shall be interpreted broadly and that the Market Court should not have assessed the sale and the so-called active sales promotion of the product differently. Contrary to the Market Court’s decision, the Supreme Court found that selling must be considered marketing and, accordingly, can be prohibited under the Unfair Business Practices Act. The Market Court should, thus, not have dismissed LEGO’s claims on the grounds stated in its decision. The Supreme Court returned the matter to the Market Court for reconsideration of LEGO’s claims which had not been accepted. When the matter was reconsidered, the Market Court interpreted the definition of marketing under the Unfair Business Practices Act broadly. The Market Court found that (in addition to marketing in Biltema’s mail order catalogue) also the marketing of COKO building blocks on Biltema’s website and in Biltema’s outlets may have caused risk of confusion as to the commercial origin of the product. Biltema was therefore acting contrary to good business practices. In addition Biltema’s actions were found unfair in respect of exploitation of the goodwill related to the LEGO products. The Market Court found that emphasized requirements should be set to prevent the risk of confusion, when it was taken into account that Biltema’s imitation had been systematic and that the LEGO building blocks were very well known among the consumers. The Market Court held that the risk of confusion could be prevented only if the appearance of the COKO building blocks themselves was clearly changed in order to distinguish them from LEGO building blocks. Therefore, the Market Court prohibited Biltema from marketing the COKO building blocks in such a manner that a COKO building block or a series thereof were showed or otherwise illustrated, unless the outer appearance of the blocks is clearly differentiated from the original LEGO building blocks. Comments: The definition of marketing under the Unfair Business Practices Act should be interpreted broadly, including both active sales promotion as well as the very offering for sale of the products. The Supreme Court ruling defined the scope of the Market Court’s jurisdiction and made available more effective tools for the Market Court for purposes of preventing unfair business practices.
FRANCE Michel Béjot & Barbara Doittau Bernard Hertz Béjot bejot2@aol.com bdoittau@bhbfrance.com www.bhbfrance.com 1. Legislation Topic: A step forward, a step backward: amendment of the Loi Evin on the advertising for alcoholic beverages in France Who: French Parliament When: January 20, 2005 Where: France What Happened: After much debate and lobbying, the Loi Evin regulating advertising for alcoholic beverages has been amended as regards the claims allowed in such ads. The amendment applies to all alcoholic beverages that benefit from a protected geographic indication, regardless of their country of origin. Until this amendment was passed, the only characteristics that could appear in an ad for alcoholic beverages were the following ones: indication of the amount of alcohol, origin, ingredients of the product, name and address of the manufacturer, agents and depositaries, mode of production, sales conditions and instructions of use of the product. Ads may now include references to the soil of production, the rewards obtained, the geographic indications as defined in international agreements. Campaigns may also refer to objective references relating to the color, olfactory and gustatory characteristics of the product. Comments: The requirement that the additional indications be “objective” was added at the last minute under the pressure of lobbyists fighting alcoholism. This requirement of objectivity is in line with the spirit of the law but it also seems somehow inconsistent with claims relating to the color, taste and smell of a product that are rather objective. Even though the new law could be interpreted as allowing greater possibilities of expression, the BVP recommends that the spirit of the law be followed and that the BVP’s recommendation on advertising for alcoholic beverages be complied with.
Page 2 and 3: Table of Contents Argentina Page 5
Page 4 and 5: United States Page 130 Uruguay 133
Page 6 and 7: marketing campaigns. The Code provi
Page 8 and 9: AUSTRALIA Peter Le Guay Cowley Hear
Page 10 and 11: The regulations are designed to inf
Page 12 and 13: Flight Centre's airfares were guara
Page 14 and 15: AUSTRIA Stefan Kofler Greiter Pegge
Page 16 and 17: BOLIVIA Alexandra Blanco Guevara &
Page 18 and 19: BRAZIL Valdir Rocha Veirano Advogad
Page 20 and 21: 5. Title “Faculdades Hélio Rocha
Page 22 and 23: CANADA Wendy Reed Geneviève Marcot
Page 24 and 25: Second, the finding makes clear tha
Page 26 and 27: CHILE Rodrigo Albagli Guillermo Riv
Page 28 and 29: The Council let the claimant know a
Page 30 and 31: COLOMBIA Ricardo Duarte Duarte Duar
Page 32 and 33: 3. Legislation Decision or sentence
Page 34 and 35: advertising and information. Nevert
Page 36 and 37: ody parts. Even if all intimate par
Page 38 and 39: CROATIA Mladen Vukmir Vukmir & Asso
Page 40 and 41: the sentences used in the campaign
Page 42 and 43: DENMARK Johan Løje Hans Flensted -
Page 44 and 45: unsolicited electronic mail in the
Page 46 and 47: FINLAND Bernt Juthström, Mikael Se
Page 48 and 49: on information to be given in respe
Page 52 and 53: 2. Case Report Topic: The represent
Page 54 and 55: 4. Self-regulation Topic: Can cigar
Page 56 and 57: HUNGARY Matias Vallejos Meana Sall
Page 58 and 59: 4. Title Easyjet Topic: Comparative
Page 60 and 61: A complaint was also received by th
Page 62 and 63: Regulator (ComReg). Under the regul
Page 64 and 65: 3. Legislation Topic: Consumer Prot
Page 66 and 67: Quite clearly the models are posing
Page 68 and 69: In this context measures taken to p
Page 70 and 71: models through a clear and illicit
Page 72 and 73: The Jury found that: - company B’
Page 74 and 75: Considering that the fidelity card
Page 76 and 77: JAPAN Wilfred Wakely Aiba & Partner
Page 78 and 79: cease and desist orders, administra
Page 80 and 81: The Court held the trademark was us
Page 82 and 83: 2. Title TELEVISION ADVERTISING LES
Page 84 and 85: NEW ZEALAND Monica Choy Hesketh Hen
Page 86 and 87: 3. Title Credit Card Companies Pros
Page 88 and 89: 6. Title Therapeutic Services Adver
Page 90 and 91: PERU José Barreda Barreda Moller m
Page 92 and 93: - When it contains a false name or
Page 94 and 95: POLAND Ewa Skrzydło-Tefelska SKS L
Page 96 and 97: 3. Issue: Advertising of medicines
Page 98 and 99: Comments: This decision shows that
Page 100 and 101:
ROMANIA Florentina Dumitrescu Wood
Page 102 and 103:
or services offered by it. Accordin
Page 104 and 105:
following the legislative initiativ
Page 106 and 107:
SOUTH AFRICA Chris Job & Lindsey Ki
Page 108 and 109:
3. Misleading Advertising Topic: Ad
Page 110 and 111:
In the amended advertisement the ph
Page 112 and 113:
8. Offensive Advertising Topic: Sec
Page 114 and 115:
SPAIN Gerhard W. Volz Schiller Abog
Page 116 and 117:
The criticisms made against the Dra
Page 118 and 119:
SWEDEN Michael Plogell Wistrand Adv
Page 120 and 121:
fulfill the requirements of the MPA
Page 122 and 123:
published advertisements aren’t p
Page 124 and 125:
single bill, customer portal, 24-7
Page 126 and 127:
Polo says it all - small but tough.
Page 128 and 129:
6. Case Report Topic: Licensing Int
Page 130 and 131:
UNITED STATES Douglas J. Wood Jenni
Page 132 and 133:
5. Topic: Degrees of Deception: Int
Page 134 and 135:
The court held that the image right
Page 136 and 137:
penalties stipulated in the law. Th
Page 138 and 139:
2. Case Report Topic: Incorporation
Page 140 and 141:
4. Case Report Topic: Fair Competit
Page 142 and 143:
transmission of institutional messa
Page 144 and 145:
make its own determinations, and in
Page 146 and 147:
CHILE Rodrigo Albagli & Guillermo R
Page 148 and 149:
JAPAN Wilf Wakely Aiba & Partners 4
Page 150:
SWITZERLAND Peter Hofer Frick, Hofe
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