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Misleading: competitor or product confusion in marketing or advertising.
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44.— (1) A commercial practice involving marketing or advertising is misleading if it would be likely to cause the average consumer—
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(a) to confuse—
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(i) a competitor’s product with the trader’s product, or
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(ii) a competitor’s trade name, trade mark or some other distinguishing feature or mark with that of the trader,
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and
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(b) to make a transactional decision that the average consumer would not otherwise make.
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(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
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