The Swedish Market Court has in two recent decisions discussed what constitutes a misleading and unfair marketing under the Swedish Marketing Act (2008:486).
One of the cases (MD 2014:2) addressed a number of statements used by Motoraction Europe AB, including “Sveriges bästa priser” and “marknadens bästa priser” (Engl. “Sweden’s best prices” and “the market´s best prices”). As no facts to support these statements had been provided, the Court concluded that the statement was misleading and unfair.
Another case (MD 2014:3) involved a claim brought by the taxi company Taxibili i Östergötland Aktiebolag, to prohibit another taxi company E.B to use a logotype similar to a trademark registered by the claiming party. The Court found that the logotype used by E.B showed significant similarities with the registered trademark and therefore could be confused by consumers. Consequently, the Court concluded that the use of the logotype was misleading and unfair.