blog




  • Essay / Trade Descriptions Act 1968 - 713

    Trade Descriptions Act 1968The Trade Descriptions Act 1968 came into force on 30 November 1968. It replaced and expanded the old Merchandise Marks Acts dealing with the poor description of goods in general and their particular work. is to ensure, as far as possible, that people tell the truth about goods, prices and services. This law makes it an offense for a trader -a. Applies a false commercial description to goods; orb. Supply or offer to supply goods to which a false commercial description is applied; orc. Makes certain types of misrepresentations regarding the provision of services, accommodation or false business descriptions. For the purposes of this Act, a commercial description is an indication of any of the many matters listed in the Act. The quantity, size or gauge of the goods ("this bedspread measures 70" x 90"). How they were made or processed ("hand sewn"). What they are made of ("solidbrass") . Their suitability for use, strength, performance, behavior or accuracy (“unbreakable”) Any other physical characteristics they possess (“equipped with disc brakes”). been tested or approved by any person (“this encyclopedia has been approved by your local educational authority”) Where they were made (“made in England”). made them ("Van Gogh painting") Any other information about their history ("reconditioned: government surplus stock") To constitute an infringement, the indication must be false to a significant degree. it contains a completely insignificant inaccuracy It must be applied to the goods in question, whether in writing or by means of an illustration, symbol or other marking on the goods themselves, on. containers, labels, display cards, in advertisements. , etc., or in an oral statement. False representations by a merchant of royal patronage or approval of its products or services are also covered by the law. The same applies to false representations that goods or services are of a type supplied to any