Organizational leaders should «explicitly state that sexual harassment will not be tolerated; promote a workplace culture of respect; actively combat the problem by creating practices to
adequately deal with such cases; and swiftly and appropriately react to reports.»
If that is the
case, then using the mark in a comparative advert does not damage that guarantee as long as it is not used in
such a way as creates confusion between the advertiser and the mark owner or their goods (something which is
dealt adequately in the CAD); one is tempted to agree
with Lord Justice Jacob's view that trade mark law has no place in this arena.