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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 May 2007 - onwards
  Version 2 of 2    

44. Misleading: competitor or product confusion in marketing or advertising.

(1) A commercial practice involving marketing or advertising is misleading if it would be likely to cause the average consumer -

(a) to confuse -

(i) a competitor's product with the trader's product, or

(ii) a competitor's trade name, trade mark or some other distinguishing feature or mark with that of the trader,

and

(b) to make a transactional decision that the average consumer would not otherwise make.

(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.

Comparing proposed amendment...