Trademark Law Episode 9: Trademark Law and Advertising Law in EU and Common Law

In this episode, we delve into the intricate relationship between trademark law and advertising law within EU and Common Law frameworks, drawing insights from The Cambridge Handbook of International and Comparative Trademark Law. This episode unpacks how trademarks are protected in advertising contexts, focusing on issues such as comparative advertising, keyword advertising, and the unauthorized use of trademarks in marketing. We explore key cases and legislation that outline the permissible use of trademarks in promoting goods and services, examining how courts balance brand protection with fair competition and consumer information rights. The episode highlights how EU regulations, such as the Misleading and Comparative Advertising Directive, and Common Law principles shape the boundaries of lawful advertising practices, providing a comparative perspective on the overlap between trademark rights and advertising standards.