on the other it depends how it is used. If the advert says "Supermarket A sells beans for 40p - Supermarket B sells them for 39p" and that is true and honest then there is arguablly no trade mark infringement because the law accepts honest use of third party trade marks in some circumstances - such as fair comparative advertising.
My view is that if the trade mark is used unfairly to trigger the advert then that something that the law should protect against protect against.
There will of course be circumstances where it is fair to use the third party mark - such as where you specialise in repairing BMW cars you should be able to say so - even though you don't have permission from BMW.
yes and no - typical
yes and no - typical lawyers answer I know but:
on the one hand it gives two bites at the cherry
on the other it depends how it is used. If the advert says "Supermarket A sells beans for 40p - Supermarket B sells them for 39p" and that is true and honest then there is arguablly no trade mark infringement because the law accepts honest use of third party trade marks in some circumstances - such as fair comparative advertising.
My view is that if the trade mark is used unfairly to trigger the advert then that something that the law should protect against protect against.
There will of course be circumstances where it is fair to use the third party mark - such as where you specialise in repairing BMW cars you should be able to say so - even though you don't have permission from BMW.