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Product: Domestic Supplies and Services
Advertiser: Mick Mahony Plumbing
Medium: Internet (Company Website)
Codes:ASAI Code 6th Edition: 2.22, 2.24, 2.55
The advertisers’ website referred to the following:
“Energy Efficiency Assessment
Book NOW for a FREE assessment.
There is limited availability for this free energy efficiency assessment. Mick Mahony will check whether your heating system is losing you money by under-performing.
Did you know that you can save up to 25% on your heating bill this winter by maximising the efficiency of your heating system?
The assessment will include a full test and heating analysis, a heating and boiler efficiency reading and an assessment of where improvements could be made.”
Under this information the advertiser featured various logos including that of OFTEC.
A complaint was received from OFTEC who said that the advertisers were falsely using their trademark. They said they had written to the advertisers requesting registration renewal or removal of the trademark. The advertisers did not respond and are still displaying the OFTEC trademark without authorisation.
The advertisers said that other than on the website in question they had not used the OFTEC logo in any advertising since their membership expired. They had set up another website offering their services in a different part of the country and this website did not feature the OFTEC logo. They provided the Secretariat with a copy of the advertising material from their new website.
The advertisers said they were in the process of redesigning the website complained of and this work would be completed once their hosting company had accepted their new designs. They also said they would not use the OFTEC logo again unless they decided to re-join the organisation.
Conclusion: Complaint upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. While they noted the intentions of the advertiser they expressed their concern at the delay in amending the advertising. In the circumstances the Committee upheld the complaint under Sections 2.22, 2.24 and 2.55 of the Code.
The advertising should be amended immediately and not reappear in its current format unless the advertisers re-join the OFTEC Organisation.