On the one hand, it is important to clarify that the use of a competitor`s trademark is not prohibited and that there is also a legal authorization to do so. Article 157 of Andean Decision No. 486 of 2000 allows for this. McDonald`s compared a real-world feature and compared it to its main competitor, which met all the requirements of Article 10. “(…) Information about the effectiveness of an anti-dandruff shampoo is objective and verifiable data and secondly, in this case, at least one of the objects of comparison mentioned in the advertisement of “Clear” (Unilever) is identifiable, since “H & S” (P & G) is the leader in the category. Since `Clear` advertisement contained incorrect information which damaged the image of the product with which it was compared, the effectiveness of the two products being comparable, it is clear that the unfair conduct at issue was configured. “The key to determining whether comparative advertising is legal or not is whether there is an objective comparison that informs consumers about the benefits of a product, but at the same time is not humiliating for competitors. That is, the spirit of the rule allows for an objective comparison (with data that facilitates a purchase decision), but without denigrating the competitor and distorting competition in the market. In this sense, the Supreme Court`s judgment of 22 February 2006 considered unfair advertising referring to El Corte Inglés with the text “in perfumes and perfumes, the new court is insufficient. before the great cup of always by the perfumers Cañellas” to understand that “the advertising consulted (…) constituted a value judgment liable to discredit the commercial activities of the competitor which was not necessary to make a comparison that was useful or tolerable for the proper functioning of the competitive system”.

This type of advertising is usually used by large companies that have a large competitor or a single competitor at the same level. `A public comparison of its own activity, services or facilities with those of a third party shall be considered unfair if it relates to extremes which are not analogous, relevant or verifiable. In this way we could compare two wines called Rías Baixas, but you cannot compare a Rías Baixas wine with a Ribeiro. Given that the legislator has allowed the comparison of two different products, it is surprising that they serve only the same purpose. However, when comparing products protected by designations of origin, the comparison of identical products, such as two types of cheese, is no longer allowed. In order for them to be compared, it is necessary that both cheeses have the same designation of origin. Consequently, the exercise of an advertising activity based on the comparison of undertakings with the provision of a particular service or product is no more affected than the respect of the rights subjectively held by the parties. It is therefore a widespread and legal practice. Autocontrol`s Advertising Code of Conduct contains additional elements that must be taken into account to support the legality of comparative ads. In particular, compliance with Rules 17 and 18 of this Code shall be examined. As a rule, comparative advertising is based on price comparisons or technical data of the product. Therefore, the following conditions must be met: “Advertising comparing prices, using shops of different sizes or formats as a basis for comparison, is considered illegal unless consumers are clearly informed in the advertisement itself.” In English, the ending er means a superlative, it means more than and the word intelligent, translated into Spanish, is intelligent.

Honda took advantage of this game and released a motorcycle called Smarter, which compares it to the smart car, which means that the model of the motorcycle is smarter than the vehicle. Whether the comparison uses false or false claims or allegations or omits truths: As mentioned above, this is one of the basic requirements, because if this element is not provided, the comparison would be completely legal. On the other hand, it is important to refrain from making false or misleading statements; This happens either because the competing product has not been sufficiently researched or because it has advantages that are not technically supported. For example, if I want to claim that my product contains less sugar than a competitor`s, it is wise to test both products and make sure that this is the case before the advertisement hits the market.