Comparative Advertising

OrcaLex protects clients from misleading advertising used by other brands and traders and sets the conditions under which comparative advertising broadcast through any medium is considered lawful.

Advertising shall be considered misleading when it is likely to distort the economic behaviour of the client or trader it is addressed to or when it can harm a competitor(s). The misleading nature of advertising can concern the characteristics of goods and services, such as, inter alia, their availability, price or supply terms.

Comparative advertising is any advertising through which a brand or trader promotes its goods or services by comparing them with goods or services offered by another competitor. This kind of advertising is allowed only when it is not misleading, it objectively compares goods or services meeting the same needs or is intended for the same purpose, it does not create confusion among traders and does not discredit competitors.

Services

The firm advices on whole range of legal and regulatory issues including:

  • Advertising, Media & Broadcasting laws, guidelines, rules and regulations;
  • Registrations, licenses and compliances under the relevant regulations;
  • Public policy issues and initiatives;
  • Distribution, broadcast, syndication rights and deals;
  • Television format rights and script options and purchases;
  • Talent, performers and key-creatives’ rights, agreements and releases;
  • Multi-media, digital and new technology services;
  • User generated content and Website and service terms and conditions;
  • Privacy and data protection;
  • Information Technology related issues such as cyber-squatting, spamming; Agreements including Distribution & Licensing, Master Services, Commissioning, Merchandising and Sponsorship, Music Composer etc.;
  • Intellectual Property issues including acquisition and management, digital rights management, copyright and designs law, moral rights, passing off;
  • Obscenity, sedition, censorship and content regulation;
  • Strategic alliances and partnerships, acquisitions and related agreements;
  • Dispute resolution, Arbitration and Litigation.