Dutch Advertising Code Social Media

Companies reserve an increasingly bigger portion of their marketing budget for Social Media campaigns. The disadvantage of Social Media is that users do not always know who the message is from. For this reason the new Advertising Code for Social Media January 1, 2014 came into force. Its alleged purpose is to increase transparency in Social Media. This is possible by clearly indicating what the relationship is between the advertiser and the person spreading the message.

For example if someone claims something and is sponsored for this this should be indicated. Hashtags may be used for this, for example. Furthermore, the advertiser has to make certain that the image that is given of a product is not misleading. Not a redundancy as the recent complaint about taxi service Uber illustrates. Uber is an American alternative for a taxi service, that enables consumers and drivers to connect via an app. A strikingly large number of positive tweets on Uber came from famous tv personalities. When a complaint was filed it turned out that these famous people received a discount of some sort at the launch of the company, however, irrespective of whether or not they would send a tweet on Uber. A case of unclear advertising. The advertiser is recommended to no longer use ads in this way. Using a hashtag to indicate the relationship could have instantly removed any doubt.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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