Turtles, tobacco and trademarks
Ross Denton
This is another column about the proposed Directive restricting advertising of tobacco products. But before you rush away, let me explain why it is different. This one is about advertising generally: not EC constitutional theory, nor the mechanics of cigarette advertising, but something which might affect any advertiser of any brand.
The European Commission's proposal for the Directive contains the so-called 'Dunhill' or 'Marlboro' clause, which states that any advertisement referring to a distinctive feature (for example trademark or emblem) 'mainly used in connection with a tobacco product' shall be prohibited, even if...