Comparative Advertising : the battle of the Bubbles

The article analysed the implications of the High Court decision in O2 Holdings v Hutchinson 3G Ltd which involved the use of ‘knocking copy’ or comparative advertising in the mobile telephone industry. It considered the implications of using brand images similar to a competitor’s registered trade mark. In particular it considered the implications of an action alleging infringement of s10(3) of the Trade Marks Act 1994 and whether the defendant could rely on defences under s10(6) and s11(2) of the Trade Marks Act 1994.