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Lidl: misleading claim – group too small

Lidl- Ola Vanilla Cones: misleading claim – group too small

Often claims of superiority are a form of comparative advertising. Not every claim is allowed, even if it is based on independent research by a third party. Lidl had an advertisement this summer for her Vanilla Cones. It stated that they were the best based on research from Consumentenbond in July and August of 2014. Underneath the picture of the ie cream the ad says: “Defeated Ola and is nice and crunchy”.

Unilever, owner of Ola, files a complaint with the Advertising Authorities, because the commercial is misleading. The research the ad is based on was a simple taste test with only 19 participants. In order to name a competitor in an ad the ad should adhere to the conditions of paragraph 13 of the Dutch Advertising Code. The advertising authorities decide in favor of Unilever. For a test to be truly representative the minimum participant number is forty. Lidl made it appear as if they based their claim on such a test. Furthermore, in the test Lidl barely wins from Ola, scoring a 7.2 versus their 7.0. Because the consumer is not fully informed of the facts of this test the ad is deemed to be misleading. Lidl is requested to cease the campaign.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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