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Trade descriptions in advertisements.
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5.—(1) Where a trade description is used in an advertisement in relation to any class of goods, the trade description shall be taken as referring to all goods of that class, whether or not in existence at the time the advertisement is published.
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(2) In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates regard shall be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are sold would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.
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