Consumer protection
New Brussels marketing law threat
For those who have only just digested new, EU-inspired "unfair commercial practices" regulations, another chunky consumer protection offering is being served up by EC mandarins. They now propose compressing four consumer protection directives into just one. Carla Basso reports.

Privacy
DP regulators in call to action to protect child privacy
At the recent, snappily-titled 'International Conference of Data Protection and Privacy Commissioners', DP regulators worldwide adopted a resolution calling for more steps to be taken to protect children's privacy. The resolution, sponsored by ICO, calls for marketers to minimise the data they collect from children and to limit use of child data for behavioural advertising purposes, among other measures. Phil Lee reports.

Events
It's "Take Two" for Tenth Look Back, Face Forward Marketing Law Forum
Due to high demand, the morning sitting of Osborne Clarke's next half-day "LBFF" gathering on 3 December 2008 is full up. But never fear, there's now a chance to catch a re-run in the afternoon of our popular reprise of the key marcoms law events of the year plus a forecast of what's in store in 2009! See here for the full programme and how to register.

Betting and gaming
Ethical agency owner ends up in Brixton
Tim Garbutt's ethical "Integrity Agency" did not go down well with Integrity Design Management, who had registered "Integrity" as a trade mark in respect of brand management services. Chancery held Mr Garbutt to be infringing this registration, but he didn’t appear to get the message and wound up in prison. Draconian? Richard Menzies goes behind bars for a closer look.

Brands
Ice cream manufacturer freezes out trade mark infringer
The High Court confirms that a lack of intention on the part of the defendant in a trade mark infringement and passing-off claim over ices brands is no solid defence. Company directors should also note the verdict on personal liability. Katherine Seymour opens up the ice cream tubs.

Brands
Is it absolutely a trademark infringement?
V&S Vin & Spirit, the owners of vodka brand Absolut, have brought an action against Absolute Radio, the rebranded Virgin Radio, for passing off and trademark infringement. Frances Vickery savours the Absolut brand and considers V&S's prospects of success.

Brands
A comparison of recent ASA Adjudications on comparisons
Ads for nappies, bath lifts and vacuum cleaners have recently been accused of breaking comparative ad rules. The catch was that all three advertisers denied they were comparative. Omar Bucchioni compares and asks when a comparison is not a comparison.

Comparative
Regulators to get new sanctions "toolkit"… if they want it
Parts of the Regulatory Enforcement and Sanctions Act 2008 are now in force, bringing with them the prospect of a range of new penalties for non-compliant advertisers. But does any regulator want these powers? And how will they affect advertisers? Phil Lee reports.

Consumer protection
Companies Act 2006 changes create new challenges
Director and shareholder information in filed company annual returns has long been a rich source of data for the UK's direct marketers. But do new rules on compulsory address information take us a step closer to an "opt in marketing only" society? Stephen Groom files his report.

Direct marketing
Alliance & Leicester plc fined £7m for mis-selling
Yet again payment protection insurance has been in the news for the wrong reasons. The Financial Services Authority has handed out another substantial fine for PPI phone selling techniques which the regulator described as "the most serious we have found". Louise Ball dials in.

TV
Ofcom in TV ad review sequel
The UK communications regulator's mammoth review of the amount and distribution of TV ads continues. Part 1 looked at how many times programmes could be interrupted. In Part 2 the focus is on how long they can be interrupted for. Part 3 will focus on why we needed two parts. Anna Montes previews.

Employment - Dismissal procedures
Top ten tips on redundancies
In the current climate, unfortunately just one issue tends to be top of mind for those in the advertising and marketing services industry with HR responsibilities. Victoria Parry offers her top ten tips for minimising the pain of redundancy procedures for all concerned.

Intellectual property
ECJ verdict strengthens database rights
"Extraction" from a database without permission infringes database right. But what is "extraction" and can it occur even if no data from the database is actually being physically copied? Zoë Gaye extracts the key messages from a recent dispute over a poetry collection.

Sponsorship
West Indies cricket bowls into new sponsor crisis
In 1999 it was no sponsor, low pay and a player strike. In 2005 team sponsor Digicel and Cable & Wireless, sponsoring seven players, came to blows. Now another WICB/Digicel sponsorship dispute has threatened the November 2008 Stanford 20/20 tournament. Nick Johnson lifts the bails.

Betting and gaming
CAP/BCAP release new guidance on gambling ads
Advertisers have found it a challenge to adjust to the new UK gambling advertising regime since the coming into force of the Gambling Act 2005. The rules have been liberalised but not the regulators' attitude to enforcement. Mark Smith reports on new official guidance.

Events
Half Armistice Day marcoms law focus
On 11 November 2008 Osborne Clarke Bristol will again host the Direct Marketing Association's "must attend" event for those in the south west looking for an intensive update on the legal issues affecting direct marketing. The speakers include Osborne Clarke's own Andrew Braithwaite on "Maximising and protecting your intellectual property assets".