Should Matt Take Legal Action Against His Competitor For Misleading Advertising?

Great Essays
Case One
From my reading of this case I am of the opinion that Matt has a genuine case against the accused. I believe that Matt should take legal action against his competitor for misleading advertising. The accused has broken the Consumers Protection Act (2007). Matt has a valid case because it is affecting his business and if this problem persists Matt could possibly lose his business.

Outline of legal issues
• The advertisement of lower priced products compared to those which are in Matt’s store.
• The comparison of prices in Matt’s store which are leading brands and own brand prices in the defendants store.
• There is also the comparison of promotional prices to normal standard prices.

Comparative Advertising and Misleading Statements
…show more content…
Cooley Distillery used misleading advertising; they did this by using Jameson Irish Whiskey Label and their bottle. They were selling and transporting the whiskey to Russia and selling it as Jameson Irish Whiskey. Cooley Distillery Public Limited Company has broken the Consumers Protection Act (2007).

Legal Advice
If you want to take legal action you have to make sure you have all the facts and make sure that the defendant was illegally breaching the law. Under the Consumer Protection Act (2007). “The Act prohibits traders from engaging in practices considered to be unfair, misleading or aggressive.”4 I would advise Matt to take further legal action and take it to the National Consumer Agency and tell them exactly what his competitor is doing and what Laws he is breaking.

Conclusion
In conclusion this is the problem Matt faces misleading advertising and comparative advertising. The defendant has misled customers by using his promotional prices against Matt’s standard prices and comparing his own brand products to Matt’s leading brand products. The defendant has breached the law and should suffer the consequences for doing so. The law which he broke is called the Consumer Protection Act
…show more content…
A solicitor received a complaint on behalf of a data subject. The complaint was that the employer had installed CCTV cameras without informing her or other member of staff the cameras were put in place to identify disciplinary issues relating to staff. This evidence was obtained so that a staff member could be fired for gross misconduct. Staff members informed the owner that there was money going missing from their purses. This case is extremely similar to Jane’s case as she did not know she was being watch on CCTV. As in this case the Data Protection Act was broken as was her privacy.6 Cases 1.4
An employer attempts to use of CCTV for disciplinary purposes [2008] IEDPC 10 (31 December 2008). A solicitor received a complaint from two employees working in the same company that their employer was intending to use CCTV footage of them for disciplinary issues the issues were relating to attendance. As the employees were not informed of CCTV cameras in operation the evidence against them was inadmissible. As this was their only evidence the case was dropped and they did not have to attend any disciplinary hearing.7 Legal

Related Documents

  • Great Essays

    Based on all the information presented in this paper, Sally does not have any legal grounds to sue Tommy Takem for the contract on the laptop she purchased from him. Takem should reconsider his markup plans and make sure that he is being ethical and fair to all his…

    • 2469 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    Prairie Foods Case Study

    • 1101 Words
    • 5 Pages

    [SS] Prairie Foods’ “Complete Blueberry Pomegranate” cereal packaging violates California’s ban against “untrue or misleading” advertising. Therefore, the Court should deny Prairie Foods’ motion to dismiss Sabach v. Prairie Foods, Inc. because there are “enough facts to state a claim to relief that is plausible on its face." Williams v. Gerber Prods. Co., 523 F.3d 934, 936 (9th Cir. 2008).…

    • 1101 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Biby Case Summary

    • 636 Words
    • 3 Pages

    Facts: Biby was the technology transfer coordinator at the University of Nebraska. One of his responsibilities includes the negotiation of agreements with companies for the research and marketing of new technologies. The university was able to enter into a licensing agreement with Corn Card International for the selling of a new technology. However, another company alleged that the university had granted it rights to market the new technology. Biby was told that the university needed to search his computer files.…

    • 636 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Application of the law to the facts We the legal team for Greene 's Jewelry will assess all the strengths and weaknesses of the proposed argument in court. The lawsuit provides us with the opportunity to introduce different directions for the arguments needed to be made in the courts; from the case laws, regulations, and substantive law. By Utilizing these resources, in the lawsuit against Ms Lawson it is believed that a favorable decision will be made on behalf of Greene 's Jewelry in both cases. Taking a sufficient amount of time to analyze the details of the case we have come to the conclusion that the focal point and the strength of our argument in the lawsuit against Ms Lawson is that she intentionally violated her contract.…

    • 1474 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Case Citation: SWATCH AG v. Beehive Wholesale, LLC, 739 F. 3d 150 - Court of Appeals, 4th Circuit 2014 Background of case: Swatch was the appellant and Beehive Wholesale is the respondent. This case was being located in the Court of Appeals of the 4th Circuit located in Richmond, Virginia. The case was argued on October 30,2013 and was decided on January 7, 2014. This case is a civil case that Swatch AG filed to “seek cancelation for trademark infringement and federal unfair competition under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a); trademark dilution under the Trademark Dilution Act, 15 U.S.C. § 1125(c); state trademark infringement under Va.Code § 59.1–92.12; and common law unfair competition”. Issue: The issue of this case is that Beehive Wholesale sells a brand of watches called “SWAP” and put in an application to register its mark but Swatch feels as if the application should be reversed because it would be a violation of “federal, state, and common law trademark infringement, trademark dilution, and unfair competition”.…

    • 411 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    This is called ‘making a disclosure in the public interest’. Some things that may be reported include, someone’s health and safety is in danger, damage to the environment, a criminal offence, the company isn’t obeying the law (like not having the right insurance) and covering up wrongdoing. https://www.gov.uk/whistleblowing/overview There is a chance that any individual will have to ‘whistle blow’ while working in a care setting, if the person thinks that what they have witnessed is ‘wrong’. A form has to be filled out by the person who has allegedly seen wrong doing and then it is sent off to get assessed and monitored for rooms of improvement.…

    • 1739 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Researchers from the University of Wyoming College of Criminal Justice, Associate Professors Scott Culhane John Boman, and Psychology Department Associate Professor Kimberly Schweitzer published their 2016 study in the journal Police Quarterly regarding the role body worn cameras play in public perceptions of whether police use of force is justifiable. Professor Culhane completed his post-graduate degree at the University of Texas El Paso in Legal Psychology from the University of Texas at El Paso. He is credited with co-authoring twenty-seven published peer-reviewed articles for a variety of criminal justice related topics (University of Wyoming, n.d.). Professor Boman received his post-graduate degree from University of Florida and Professor…

    • 1345 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Objectives Of Body Cameras

    • 1011 Words
    • 4 Pages

    Ferguson, Missouri on the night of August 9th, 2014 an unarmed teenager by the name of Michael Brown was shot and killed by a police officer with no body camera. Officer Darren Wilson was up for trial for the murder of Michael Brown and was found not guilty. The town of Ferguson was out ragged as violent riots and protests broke out because of the ruling. (Buchanan) Many argue that Officer Wilson used excessive force in the altercation however, the court and jury members believed differently.…

    • 1011 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    I, Judge Anderson, concludes the case of Christian Louboutin versus Yves Saint Laurent find the defendant guilty of the charge of trademark infringement. I understand that Yves Saint Laurent is liable under the Lanham Act, meaning that they violated the likelihood of confusion, trademark infringement and counterfeiting, false designation of origin, unfair competition, trademark dilution and two of the various forms of confusion. The factors that helped determine the likelihood of confusion are the proximity of the products, actual confusion, and the sophistication of the buyers. The two various forms of the products that were violated were Initial interest confusion and reverse confusion.…

    • 1046 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The defendant argued and reasoned without indecision that there was no binding contract because the advertisement was too vague and unclear and they were provided no time for checking the use and requirements of the ball for their consumers. As there was no contract because it is necessary and essential for the contract to require and need communication of the intention in order to accept the offer or the performance of the advertisement. The plaintiff argued that they had made an offer through the advertisement, as the product had a fulfillment, as it will be read by many people. In this case, there was a consideration because the promise was not vague, as the defendant argued it is not a serious contract. Which they found wordings were too vague, this showed that the acceptance was not communicated properly and seriously.…

    • 1014 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In the digital age of selfies and social media where everyone sees and records what everyone else is doing there is a major focus on the use of one particular camera and how it affects personal rights. Walking down almost any city street you would be hard pressed not to find security cameras, people recording with cell phones or taking pictures on them; yet most people now don’t even notice them for how main stream they have become. Yet with all of the cameras already recording and surveilling the general public, the topic of police worn cameras has become a major point of contention in the public eye and for policy makers at both local and national levels. As the debate unfolds the key points of contention continue to be the civil rights of individuals to privacy versus the ability to concisely convey the facts of an incident involving…

    • 1175 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    5.0 Corporate reputation theory Corporate reputation is one of the key determines of the success of a company. The higher reputation, the more valuable and successful the firm is. Corporate reputation is difficult to define as different scholars have different definitions. According to Fombrun and Shanley (1990), corporate reputation is all about meeting the needs and expectations of firms’ stakeholders. While, Roper and Fill (2012) define corporate reputation as a composition of social image, financial image, product image and recruitment image.…

    • 913 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Internal Market Is Unfair

    • 779 Words
    • 4 Pages

    A well-founded emphasis on consumer rights results in renewed attention to market integration and competition. The wide choice of products and services combined with thriving competition within the Internal Market will ensure consumers are protected as there is improved market transparency and comparability of prices. Unfair commercial practices such as misleading advertising will impact the economic interests of consumers as they would not take an informed transactional decision. Consequently, unfair businesses would earn the highest profits, leading to market distortion due to the imbalance within the market and lack of competition. This exerts a negative influence on the proper functioning of the Internal Market as the innovative and regenerative…

    • 779 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    It is believed that the retailer refused the customer the right for a refund for a refrigerator that had been faulty and required a replacement refrigerator twice. The issue being taken to the courts were whether or not the customer had the right to refund for a refrigerator that had been faulty. Under the act of the Australian Consumer Law it found three offences that the retailer may well have been in breach of, the three breaches found under the Australian Consumer Law were sections 18, 29(m) and…

    • 1215 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    These unfair practices include misleading advertising, and therefore the volume of cases where public policy concerns may arise is…

    • 1887 Words
    • 8 Pages
    Great Essays