The Advocate General (“AG”) has delivered his opinion on questions referred to the European Court of Justice by the Court of Appeal concerning the interplay between trade mark infringement and comparative advertising legislation. In keeping with the views expressed by the Court of Appeal, the AG has advised the ECJ to rule that the use of a rival’s trade mark in comparative advertising falls to be considered solely under the Comparative Advertising Directive, and not under the provisions of the Trademarks Directive. Further, he advised that the use of a competitor’s trade mark in a comparative advertisement does not have to satisfy a requirement of necessity in order to be permitted under the Comparative Advertising Directive. This is seen to be an opinion that is favourable to advertisers and will be of concern to trade mark owners.