Comparative
O2 and 3 reach the ECJ
The ECJ has held that comparative adverts ARE subject to trade mark law, so advertisers should be wary how they refer to their
competitors' marks, particularly in view of the alternative sanctions under new unfair commercial practices laws. Emily Devlin
fights her way through the bubbles.
Brands
Brands at the crossroads breakfast briefing 9 July
Now that we have (almost) the last word on the O2/3 comparative advertising case, join Osborne Clarke London's advertising
and intellectual property specialists for bubbles, bacon butties and a quarter day intensive on brands, ads and the law.
Consumer protection
Regulatory Enforcement and Sanctions Bill breaks cover
Soon after key changes to UK consumer protection laws under new "unfair commercial practices" regulations, HM Govt is now
looking at radical changes to how they should be enforced. James Baker introduces the "Local Better Regulation Office" and
other delights.
Consumer protection
Unfair commercial practices law summary
Marketinglaw.co.uk has covered many aspects of the new unfair commercial practices laws in force since 26th May 2008, but
now at last, by way of a paper written by marketinglaw editor Stephen Groom and Emily Jones for the Direct Marketing Association
of America, is a summary of all key points.
Financial services
FSA ducks "name and shame" opportunity
The Financial Services Authority is reviewing its enforcement approach and has published a consultation paper on "Transparency
as a regulatory tool". Has it decided finally to follow the ASA example and publish financial promotions case reports? Kate
Johnson investigates.
Prices
Was "Free Delivery" Mother's Day offer really free?
An Interflora promotional email announced free delivery for Mother's Day but an asterisk said the offer only applied to standard,
next day deliveries. A late, but dutiful daughter charged £5 complained to the ASA. David Pawan reports the ASA verdict and
the lessons.
Product placement
"No product placement, we're British" Minister fails to learn from history
On the eve of a Government consultation on whether to liberalise UK TV product placement controls, the idea has been apparently
squashed by … er.. the Government. Shades of the nuclear power consultation that had to be repeated? Carla Basso reports.
Promotion marketing
easyJet Funcard promo not up to scratch
Press ads for an easyJet scratchcard prize promotion claimed "Thousands of other cash prizes up for grabs", and that there
was a "No Purchase Necessary" route. David Pawan analyses the ensuing ASA verdict and considers the turbulence easyJet could
have faced under new unfair commercial practices regulations.
Promotion marketing
Joined-up enforcement on premium rate promotions?
When prize promos using premium rate lines get lottery laws wrong, the Gambling Commission and premium line regulator PayphonePlus
may both be considering enforcement action. Now these bodies have agreed a Memorandum of Understanding for a common approach,
but what about other enforcers who might also be concerned? Nick Johnson reports.
Promotion marketing
Misfortune or carelessness for promotion trade body?
Fresh from a controversial and some might say scaremongering suggestion that new unfair commercial practices laws banned a
particular promotional tool, surely the Institute of Sales Promotion has not done the same again? Stephen Groom looks at a
recent ISP pronouncement.
Telecoms
Ofcom leans on industry to come up with broadband ad code
Ofcom has recently invited internet service providers (ISPs) to sign up to a "voluntary" code in order to regulate how they
advertise broadband speeds. Omar Bucchioni reports.
Tobacco
More tobacco controls planned
The Department of Health is consulting on draconian restrictions on tobacco product packaging. These could see the end of
brands on packs, but how can UK Plc take with one hand what it gives with the other in the form of protection for registered
trade marks? James Baker investigates.
Employment - Equality
New Rights Agreed in Europe
On 10 June 2008, EU Employment Ministers agreed a landmark deal for agency workers which will have wide ranging implications
for employers in the marketing and advertising sectors. Jenny Wotherspoon reports.
Brands
eBay condemned for trademark infringement
A French Court in Troyes has recently condemned eBay jointly with the vendor of counterfeited Hermes bags and since then eBay
has suffered a similar but much more expensive fate at the hands of the Paris Courts. Elise Weisselberg, of Stehlin & Associés,
investigates these unprecedented decisions.
Privacy
Spain imposes €270,000 fine for child marketing breach
Have you heard the one about the Spanish data protection regulator, the 1,911 year old child and the €270,000 fine? No? Phil
Lee tells a sorry tale of financial services, data privacy and lax data capture controls that could so easily happen.
Bristol data protection workshop is go
Intellectual Property
Brands at the crossroads
