Key appeal court findings on unfair commercial practices regulations in "The Queen and X Ltd"
After a £5000 CCTV security system was allegedly mis-sold to an elderly consumer, a trading standards prosecution was thrown out. The appeal verdict includes landmark pronouncements on the interpretation of unfair trading laws. Stephen Groom reports.
070Brussels produces “compromise draft” of data protection law reforms
As the timetable for EU privacy law reforms continues to slip, EU Ministers have published a slew of suggested changes to Chapters I-IV of the draft Regulation. Sue Gold and Stephen Groom highlight key amendments for marketers.
053Nuisance call complaint levels prompt Ofcom report
As numbers registered with the UK's "Do not call" service approach 80% of UK landlines and a private member's bill proposes prior opt in for cold calling, Thomas Spanyol reports on a new Ofcom study on nuisance calls.
031PhonepayPlus launches digital marketing consultation
PhonepayPlus imposed fines totalling £1.38m in 2012 after receiving 350 complaints a month about digital marketing. It is now consulting on proposed guidance to ensure premium rate services are not promoted using misleading digital marketing practices as Anna Williams reports.
076Latest ASA Annual Report highlights
The ad regulator's 2012 annual report reveals a fall in the overall number of complaints and names daily deals ads and misleading testimonials as two of its priority areas for 2013. Mark Smith picks out some other nuggets.
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Court backs Estee Lauder in AVEDA vs DABUR UVEDA tussle
Could an AVEDA trade mark registration for "cleaning preparations" etc baulk registration of DABUR UVEDA for similar products on grounds of likelihood of confusion? Thomas Spanyol reports the Chancery judgment.
2259"How consistent do you think we are?" asks CAP while OC launches its own CAP/ASA consistency survey*
If users think it has been inconsistent, CAP wants to hear about it. What's going on and how can you participate in Osborne Clarke's own consistency survey? Stephen Groom explains.
1184Non UK co challenges ASA jurisdiction
Paul Godber trading as IHH, a Californian business selling from a website hosted in that US state, defended an ASA investigation into pricing issues on the site saying the UK ad rule enforcer had no jurisdiction. Omar Bucchioni reports.
1378Payment method surcharges "above cost" prohibited from April 2013
Topic: Prices Who: HM Government When: 18 December 2012 Where: United Kingdom Law stated as at: 7 January 2013 What happened: In respect of what has always been a controversial issue, the Consumer Rights (Payment Surcharges) Regulations 2012 (the "Regulations") have now been signed off. ...
1724ICO publishes Anonymisation Code of Practice
The Information Commissioner's Office has now published the final version of its ground-breaking Anonymisation Code of Practice. Sue Gold analyses and identifies the key points for marketers. Topic: PrivacyWho: The Information Commissioner (ICO)When: 20 November 2012Where: Wilmslow, CheshireLaw stated ...
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Payment method surcharges "above cost" prohibited from April 2013
Topic: Prices Who: HM Government When: 18 December 2012 Where: United Kingdom Law stated as at: 7 January 2013 What happened: In respect of what has always been a controversial issue, the Consumer Rights (Payment Surcharges) Regulations 2012 (the "Regulations") have now been signed off. ...
1724"Parody, caricature and pastiche" copyright carve-outs get green light
For years an EU Directive has allowed member states the option of not allowing copyright holders to sue for parodying their works. Historically the UK has not taken up that option. Until now that is, asMark Smith reports following a ...
0625Could new CAP behavioural rules apply to Connected TV?
When the ASA and CAP announced new rules for third party online behavioural advertising effective 4th February 2013, it may not have occurred to them that the new regime is wide enough to catch apps on connected TVs. John Davidson-Kelly, a ...
0515Winter Olympics Sochi 2014
With the opening ceremony of the 2014 Winter Olympics just a year away (7 February 2014), it's useful to note that the Sochi organising committee has released English language versions of key Russian anti-ambush marketing legislation and guidance notes. Nick Johnson reports. Topic: ...
0486Kit Kat bar trade mark victory
The four-fingered, three-dimensional shape of the Kit Kat chocolate wafer, created in 1935 at the Rowntree's Yorkshire factory, has been at the centre of a long-running trade mark dispute with Cadbury in the purple corner. Heidi Bernard reports the latest appeal ...
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