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The Smell of Victory: KSB Victorious in Allivictus Garlic Drops Promotion Dispute

The Smell of Victory: KSB Victorious in Allivictus Garlic Drops Promotion Dispute

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Kocian Solc Balastik has won a promotion dispute over garlic drops for manufacturer Allivictus.

According to KSB, "In 2012, the Radio and TV Broadcasting Council fined Allivictus CZK 1.8 million for an alleged breach of the Advertising Act. The Council believed that Allivictus misled consumers by running an ad that gave the impression that its food supplement had medicinal effects. KSB represented Allivictus in the administrative proceedings and then in court proceedings before the Municipal Court and, subsequently, the Supreme Administrative Court, which agreed with KSB’s reasoning, dismissed the decision on the fine, and returned the matter to the Council.  The Supreme Administrative Court agreed with Allivictus, which claimed that the ad clearly labelled the product as a garlic extract, that it merely presented all the generally available characteristics of garlic, and that the average consumer would hardly consider the drops to be a substitute for, a part of, or a supplement to a treatment and were thus not misled. The Supreme Administrative Court believed that the positive qualities of garlic as advertised are generally attributed to garlic and are thus generally known. The Supreme Administrative Court added that it does not see anything misleading or improper if the ad takes the form of a story of a man who survived a serious illness and talks about his own subjective experience."

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Our clients include large international companies, leading Czech and Slovak firms, including strategic state-owned companies and public sector authorities, as well as medium-size businesses, individual entrepreneurs, and investors. We advise approximately 100 of the Fortune 500 companies, and almost 50 of the Czech Top 100 companies. HAVEL & PARTNERS currently provides its services to a total of 2,000 clients. We have the most comprehensive international support available to both Czech and Slovak law firms. We provide legal and tax advice in 12 world languages in more than 90 countries around the globe. Up to 70 % of the transactions we deal with involve an international aspect.

HAVEL & PARTNERS was named the best law firm operating in the Czech Republic by the prestigious British rating agencies Chambers and Partners (2020) and Who’s Who Legal (2018, 2019). It is also the most successful law firm, providing the most comprehensive legal services in the Czech Republic and Slovakia, based on the total number of all nominations and awards in all years of the Law Firm of the Year awards. The firm became the absolute winner of this competition four times in the last six years, receiving the main award Domestic Law Firm of the Year in the Czech Republic (2015, 2017, 2018, 2020) and ranking as one of the most recommended law firms in all categories of law. Our company is also a three-time winner of the Law Firm of the Year award for Best Client Services (2015, 2016, 2019). In the field of M&A, HAVEL & PARTNERS is the best law firm in the Czech Republic based on the annual International Advisory Experts awards (2018, 2019). In Slovakia, it also won the prestigious global M&A Today Awards (2013–2018) for Mergers & Acquisitions six times in a row, and repeatedly won first place in the ranking by Lawyer International Legal 100 (2017, 2018). Prestigious international rating agencies EMIS DealWatch and Mergermarket have ranked HAVEL & PARTNERS among the leading law firms by the number of transactions completed in the entire CEE region since 2009. Based on annual awards of the Acquisition International magazine, HAVEL & PARTNERS has become the Law Firm of the Year 2019 in the M&A category in the CEE region.

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