Unfair competition in advertising. Services of a lawyer for the protection of business reputation

Advertising is an essential tool that helps a business move forward, be visible and enter new markets. However, it is very important to adhere to the principle of good faith in advertising. Otherwise, not only businesses will suffer, but also consumers who cannot distinguish between truth and misrepresented information. When someone breaks advertising laws, they can be fined quite large sums of money. And if advertising violates the rights of another business entity, then we can talk about compensation for moral damage. So, let's deal with this issue more carefully.

What legal acts govern this area

Key norms are contained in the Civil and Economic Codes of Ukraine. However, these norms are explained in detail in the Law of Ukraine "On Advertising". It is he who regulates the legal relations that arise at different stages of working with advertising - starting with its production and ending with consumption. There is also the current Law "On Protection from Unfair Competition". In it you can see the terms of unfair and comparative advertising. Next, we will deal with them in detail.

Is Comparative Advertising Fraudulent?

Comparative advertising is used quite often. However, not all of it is dishonest. It is important to understand the definition of terms here in order to know the prospects for resolving a particular situation. When it comes to unfair competition in the context of advertising, it has well-defined criteria. This:

• use of someone else's business reputation in an unlawful manner;
• creating barriers to competition for others;
• achievement in the process of competition of undue advantages;
• illegal collection and dissemination (or - use) of information constituting a trade secret.

If a comparative advertisement contains one or more of these features, then this means that it falls under the definition of unfair competition.

Why is it important to stand up for your rights?

A good reputation is hard to build and takes years to build. At the same time, it is easy to lose. The worst situation is when reputation is lost due to the fact that another company is used to competing unfairly.

Here one should also refer to Art. 23 of the Civil Code of Ukraine, which states that humiliation of the business reputation of an individual or legal entity is one of the types of moral harm. Therefore, in this case, you can win the court and recover compensation from the guilty subject. This strategy is relevant not only in a specific situation. It is important for positioning the one whose reputation has been encroached upon. If this happened with impunity, then other economic entities may also continue to treat similarly, realizing that there will be no convincing answer in the legal field.

At the same time, a principled position to protect one's own business reputation creates a positive image. This means that the company is ready to defend itself in the event that it encounters violations of its rights.

Prikhodko & Partners is well versed in this category of cases. So we can help you protect yourself or your business from unfair competition in advertising.