Is it really legal for a company to make any claim they like about their product whilst using the word "probably" in order to prevent litigation?

If it is, than is it just as legal and above board for someone to state that a company is 'probably' not really that good?

If nothing else, Carlsberg's advertising and legal departments would probably be interested in company x's blatant use of one of their more famous marketing devices.

Moray

*******************
This is definitely my own opinion and not necessarily that of the scoobynet administration.
*******************

 

Moray, not pleased with them for some reason !?
The banner has been up for a while...

As to legality, yes it is (I think) as otherwise Carlsberg would not be able to do it. In regards to copyright/trademarks, I don't think they do have a monopoly. (I may well be wrong here).

Cheers,

Mossman

 

Moray, in the past, you were not allowed to state comparative claims such as the best lager in the world (as in relative to others).

Now you are, so long as you can substantiate your claims, with provable statistics.

If carlsberg could do a survey to show that the majority of people preferred carlsberg then they could write, the best lager in the world.



[This message has been edited by Adam M (edited 28 June 2001).]

 

Adam,
No they couldn't. If they conducted a survey, then they could only say that the results of that particular survey showed that people liked Carlsberg. It still wouldn't be possible for them to claim it was the best.

Remember the Whiskas ads? "in tests, 8 out of 10 owners said their cats preferred it", was all they were allowed to say. They were never able to say it was the best as such, as that would be an entirely subjective statement.

Andrew

 

yes that is true, but the law relating to comparative advertising has changed.

All came in after the 1994 trade marks act, relating to fair use of anothers mark.

 

Oh and another thing,
you cant protect an advertising campaign, only a product or a mark.

If there is likelihood of confusion between, say and exhaust system and a Beer, then yes it would be possible, but I think it doubtful, any self respecting trade mark agent would take on the case.

I am not self respecting, so if carlsberg want to hire me, I'll give it a go!

 

so it's ok for me to say ....

Mark Khan is probably the slowest driver on the BBS....

 

With respect to the Whiskas advert, I noticed that they have changed the wording of their advert thusly: "8 out of 10 cat owners, who expressed a preference, said their cats preferred it".

Personally, I don't care to hear the opinion of someone who has tried their cats food...



[This message has been edited by Jerome (edited 28 June 2001).]

 

One thing I wondered... (adam??) ...

There was an advert about someting (can't remember what) saying something like "8 out of 10 *cats* said their owner's prefered it" or something similar...

I know this is only being silly.. but is this allowed?

I know this is not going to break any new ground in law or anything by finding out the answer, but I am just interested.

Cheers

Simon

 

Also, the "who expressed a preference" is quite clever...

as it means they could ask a question like "would it be true to say that your cat prefers wiskers?"

Then, anybody who just said "no" could be discounted as they did not express a preference.. the only people who would be included would be the people who said "yes" or the people who said "my cat prefers X brand actually".

I love this stuff!!

 

...and how do they choose who expresses a preference? For example, you could stand outside a supermarket and only ask people whose shopping bags contain Whiskas.

 

Personally I don't like Carlsberg, but that might be due to the fact the stuff I used to drink in Cyprus under the name Carlsberg was chemically manufactured and tasted horrible.

And Simon does you wife really feed you Whiskers?

[This message has been edited by Wurzel (edited 28 June 2001).]

 

Simon,

IIRC, the ad you mention may have been for Elmlea (sp) or some other cream substitute.


Mossman,

They have been using 'probably' in many dubious (IMHO) claims for many moons... however I have only just spotted the banner where they have the nerve and/or arrogance actually claim that they are "Probably the best tuning company in the world". That took the whole packet of digestives as far as I was concerned.

I know there are tuners out there who would have a much more legitimate claim to such a title.

Moray

************
These are still my own personal opinions and views based on facts from my own personal expiriences (stuff that actually happened to me and my car) with the tuner in question.

These views and opinions are not necessarily those of scoobynet administration.
************

 

Wordings like this can be so easily manipulated so easily.. along with stats and surveys.. the results can be shown and displayed in such a way it favours a certain outcome, but yet are legitimate results.

Who cares nowadays.... I dont even own a cat.. and dont drink Carlsberg... (cos its not THE best lager)

J.

 

I think its true Had a great deal from them 40,000 miles + and 2yrs+ later and the car is still going strong.

 

I am not a lawyer but I believe that it is possible to get away with almost any claim in an advertisement, or slogan so long as it is not blatantly dissing another company's product.

How else do BMW get away with there 'Ultimate Driving Machine' rubbish then eh?

I think it's funny that the BBC are forced to say 'other listings magazines are also available' when they advertise the Radio Times 'for free' at the licence payers expense!

Perhaps someone could hack the add the add the slogan "Other tuning companies are available"



[This message has been edited by Stephen Read (edited 28 June 2001).]

 

My cat prefers Heineken

 

But to answer the original question, I believe yes it is legal if you whop "probably" or "allegedly" or "one of" or "the leading" in front of stuff.

Keep it ambiguous and claim what you like.

Robman

Probably one of the leading e-commerce guru's in the world - allegedly

 

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by Simon de Banke:
<B>Also, the "who expressed a preference" is quite clever...

as it means they could ask a question like "would it be true to say that your cat prefers wiskers?"

Then, anybody who just said "no" could be discounted as they did not express a preference.. the only people who would be included would be the people who said "yes" or the people who said "my cat prefers X brand actually".

I love this stuff!! [/quote]


*****SHOCK HORROR****

Simon de Banke admits to eating cat food.....

 

why the hell are you talking about cats and not cars????
am i on the wrong site (new member)

But to answer your question by using the word PROBALY you can say what you want cos its only an opinion and the word probaly means likely but you cant prove it.

 

8 out of 10 impreza owners "who expressed a preference" said they preferred their car to be de-catted

 

Daniel
You must realise that it takes very little for the average Scoob owners mind to be led to thoughts of "*****"
JohnD

 

DominicA

No your wrong..... it was a guy trying to find his accelerator on a recent Northern meet...... a Mr Chiark????

 

Chrisp,

LOL

Ian

 

hello

 

Moray:
My banner says "probably", am I in the wrong too When I first drove your car (it was probably ok to start with) I thought it was probably the fastest point to point car I have driven probably. However my new car is probably faster, particularly as your car hasn't moved for the last 2 months probably

Probably just my opinion

Iain

 

Just remembered about a radio station that used the line "of all the radio stations in Boston....we're one of them"

 

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by Jerome:
<B>With respect to the Whiskas advert, I noticed that they have changed the wording of their advert thusly: "8 out of 10 cat owners, who expressed a preference, said their cats preferred it".

Personally, I don't care to hear the opinion of someone who has tried their cats food...

[This message has been edited by Jerome (edited 28 June 2001).][/quote]


My cats definitely prefer Whiskas, but I haven't been tempted to try it yet.
Now, whitefish Sheba, that's another story...