1. | Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met: (a) | it is not misleading within the meaning of Articles 2(2), 3 and 7(1) of this Directive or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market (9); | (b) | it compares goods or services meeting the same needs or intended for the same purpose; | (c) | it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; | (d) | it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities, or circumstances of a competitor; | (e) | for products with designation of origin, it relates in each case to products with the same designation; | (f) | it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products; | (g) | it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name; | (h) | it does not create confusion among traders, between the advertiser and a competitor or between the advertiser's trade marks, trade names, other distinguishing marks, goods or services and those of a competitor. | |