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Misleading advertising
"100% of marketing lawyers prefer marketinglaw.co.uk" The Committee of Advertising Practice, the ad industry body that writes the CAP Code, has issued new guidance on ad claims based on surveys. It covers five categories of these (including "extrapolated conclusions" and "preference claims") and Hannah Willson reports its advice.

Competition
Anti trust watchdog launches outdoor advertising investigation  No doubt relieved that it has so far evaded the Coalition bonfire of the quangos, the Office of Fair Trading has started a market study of the UK outdoor advertising industry. Zoe Hare looks at what this may mean for UK advertisers.

Regulatory
ASA adjudication update  Omar Bucchioni reports on some recent key Advertising Standards Authority decisions dealing with apparently never ending sales and claims such as "leading British manufacturer" and "100 day money back guarantee".

On-line advertising
Behavioural: regulation or self regulation?  Following marketinglaw's less than complimentary report in last month's update on the latest pronouncement on behavioural advertising and the law from the "Article 29 Working Party," Phil Lee focuses on the pros and cons of regulation or self regulation of "OBA" in a piece published by "e-commerce law & policy".

Direct marketing
DMA launches updated Code  Following the substantially updated and revamped new edition of the CAP "UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing," effective from Wednesday 1 September 2010, the UK's Direct Marketing Association has updated its own code. Hannah Willson highlights some key changes.

People in advertising
Rooney scores in sponsorship contract shoot out  The High Court has ruled that an image rights representation agreement tying Wayne into an 8 year exclusive relationship with a management agency on unfavourable terms was in restraint of trade by unreasonably restricting the footballer's ability to exploit his earning potential. Jonathan Mayner is on the ball.

Comparative
Ryanair eats humble pie for Stelios ad  When Ryanair put a Pinocchio nose on the Easy founder to supposedly criticise Easyjet's flight punctuality, it must have expected a backlash, and sure enough, as Mark Smith reports, it came and has culminated in a statement in open court ending defamation proceedings.

Sponsorship
STV probe shows extent of Ofcom’s new anti-AFP stance The TV regulator investigated 57 programmes in response to allegations that Scottish Television had given undue prominence to Scottish Government initiatives and failed to exercise proper editorial control. Fair communication or non-compliant propaganda? Nick Johnson reports.

On-line advertising
Who regulates what on-line?  "Exceptional feedback" said in house lawyer training specialists C&I when reporting to Osborne Clarke on its recent C&I workshop "Marketing Online-the Legal Update." One session focused on which regulators marketers should be wary of when undertaking digital campaigns.

INTERNATIONAL NEWS

On-line advertising
Latest Adwords decision  The Court of Justice of the European Union may soon set up a separate Adwords court as yet another case on use of 3rd party brands as online links, this time on referral from the Netherlands, comes across its desk. Jonathan Mayner reports on the Portakabin/Primakabin judgement.

People in advertising
Swedish dairy pays Greek six figure settlement for unauthorised image use  Minas Karatzoglis was surprised to discover his photo on packaging for Lindahls Turkish-style yoghurt. The dairy was surprised the image hadn't been fully cleared by the picture agency from which they sourced it. Nick Johnson picks up the story.

Brands
Wurst case scenario for McDonalds in German sausage spat  The fast food giant thought it would be fun to call its special bun with 3 sausages from Nüremburg the "Nürnburger," but the Nüremberg Guild of Butchers thought they had got there wurst (sorry!). Osborne Clarke Cologne's Martin Pachl samples the strength of the competing brand claims.

 
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