Misleading advertisement Nissan car

Nissan launched an advertisement on YouTube for the Nissan Qashqai with e-Power. The consumer sees images of a moving car with the text, "Who says you need a plug to drive electric? New Nissan Qashqai with e-Power. A unique electric experience, without a plug.


The complainant feels that the impression is given that the car is completely electric while it is not. The car is powered by an electric motor. It requires power, and that power is generated while driving with traditional fuel.

Nissan argues that there can be no consumer confusion because it is clearly explained in the showroom how the car works.

However, the Advertising Code Committee agrees with the complainant. Consumers will think it is an all-electric car. The advertisement does not clearly convey all the essential information. If consumers go to the showroom to buy a car based on this advertisement, they could be misled. Merely providing additional information in the showroom does not eliminate this.

Conclusion: in advertising on social media, clearly provide consumers with all relevant information so they can make a considered buying decision based on it.


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Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?