Entrepreneurs often talk about their offer, using more or less specific comparisons to the competition. Comparative advertising is an advertising that clearly identifies a specific product or brand, and contains such comparisons and information that make both entities unequivocally recognizable. However, if comparative advertising does not meet the legal requirements, it is considered an act of unfair competition and is subject to appropriate sanctions.
The purpose of comparative advertising is to present the superiority of the presented offer over the competitive one, or possibly to emphasize the balance of both offers. By using designations that individualize a competitor's good or service, we directly indicate who he is. The comparison should only concern the essential features of the product presented in a fair, non-discriminatory and verifiable manner. Moreover, it must not lead to confusion between advertiser and competitor and their products. Or to unfairly use a competitor's trademark. Especially since unfair competition it simply does not pay off.
What is comparative advertising?
Advertising has become a dangerous instrument used in unfair market games by its participants. By using comparative advertising, the entrepreneur attracts attention by pointing to the superiority of his product over the competitive one, thanks to which he has easier access to the market.
Currently, comparative advertising is considered a useful tool to stimulate competition for the benefit of potential customers. It makes it easier for the consumer to evaluate different, comparable products and thus to select the appropriate market offer. Companies have to try in this regard, because the same target group is often of interest to many of them.
At the same time, it should be remembered that any advertisement which, in any way, including the way in which it is presented, deceives or may deceive the persons to whom it is directed or reaches and which, due to its deceptive nature, may influence their economic decisions, or which for these reasons harms or may harm a competitor as misleading advertising is prohibited in Poland.
The European Parliament stated that only such comparisons between competing goods meeting the same needs or intended for the same purpose should be allowed so that the comparative advertising does not become unfair and does not run counter to competition rules.
Comparative ad examples
Identifying a competitor in comparative advertising may take various forms that distinguish the following types of this type of advertising:
1. Critical comparison advertising that contains an element that discredits a competitor's product, service, or brand. This form of advertising may refer directly to the person of another entrepreneur, his individual characteristics (education, citizenship, views) or market position, as well as clearly indicate the other company, the characteristic features of the goods or services offered (durability, quality, price, usefulness, way of using ) or refer to the forms of promotion used by the competition.
2. System comparison advertising which refers to "ordinary" products of this type available on the market).
3. An advertisement using a superlative comparison, eg my product is the best, you can buy the cheapest from me, number one in Europe, the oldest company.
4. Advertising using the comparison of own offers.
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Is comparative advertising fair?
Comparative advertising has been the subject of fervent discussion for many years. When considering the objective and subjective aspects of the use of comparative advertising, not only ethical but also legal doubts arise.
Direct appeal to a competitor or its product may require an appeal to its trademark. Such action does not constitute an infringement of the law, provided that the purpose of the comparison is only to objectively distinguish the advertiser's products and services from the competing offer. The competitor may also be identified indirectly, when the comparison does not indicate a specific competitor's good or service.
It is enough to provide more or less unambiguous information, on the basis of which you can easily guess what good or service it is about. Therefore, when assessing the indirect possibility of identifying a competitor, the overall advertising message should be taken into account. Elements of visual identification companies include, among others, colors, packaging shape, characteristic font, etc.), as a kind of suggestion for the recipient of the advertisement.
Comparative advertising contrary to the requirements of professional diligence is strictly prohibited. One that materially distorts or may materially distort consumer behavior. The entrepreneur may, however, free himself from this liability, for example by demonstrating that he exercised due diligence to prevent the tort of unfair practice.
Any advertising practices that mislead potential customers are strictly prohibited. Any type of comparative advertising which confuses the products, trademarks, trade names or other hallmarks of the trader and his competitor is considered a misleading practice. Thus, comparative advertising is not only misleading when it contains false information and is therefore false. It is also misleading when it controls the behavior of the consumer, presenting the competitor's goods in a way that is not entirely consistent with reality or properly selects true information. All these dangers can be avoided - the recipe is your own, original, engaging advertising campaign. Not only will it save the company from possible troubles, but also make it much more attractive in the eyes of recipients.