Home > Legal Opinions tagged Advertising & Marketing

  • sexually explicit? an ASA ruling finds that it depends on your pos...

    Alex Watt

    The ASA has today dismissed two complaints relating to an advert for the Tom Ford perfume Black Orchid, on a poster in Brick Lane, London. The ad features Cara Delevingne lying naked on her side, semi-immersed in water, with the side of her breast and buttock exposed. Two complaints were lodged alleging the ad was […]

    Read our legal opinion.

  • Diageo promotes ‘craft’ over ‘consumption’ to survive ASA complaint

    Alex Watt

    The Guinness brand is known for its iconic advertisements, although regulations today preclude the use of famous slogans of yesteryear such as “Guinness is Good For You”. As with all alcohol brands, Guinness’s advertising is now careful to ensure that it promotes the brand, whilst not promoting the excessive consumption of alcohol. A recent social […]

    Read our legal opinion.

  • changes to The Privacy and Electronic Communications Regulations 2...

    Helena Wootton

    Following the recent fines imposed on those making nuisance calls, the The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2015 is now in force. The key amendment is the removal of the requirement for “substantial damage or substantial distress” to have resulted from a breach of the Privacy and Electronic Communications Regulations 2003 (PECR) […]

    Read our legal opinion.

  • Scramble v Scrabble - a surprising lack of confusion?

    Dave Holt

    The Court of Appeal case between Mattel and Zynga has confirmed that Mattel’s ‘Scramble’ CTM was valid and not descriptive of what was required in the game or in common usage for word games and therefore that Zynga’s use of ‘Scramble’ infringed it. LJ Floyd held that the similarity between the marks ‘Scramble’ and ‘Scrabble’ […]

    Read our legal opinion.

  • swearing in advertising

    Alex Watt

    **Contains strong language** The Committees of Advertising Practice have published a short report on swearing in ads. The report underlines the importance of an advert’s context, medium, audience and product, as understood within the standards set by the Code under section 4.1. One of their examples was a complaint raised regarding a Booking.com ad, which […]

    Read our legal opinion.

  • Innocent logo dispute provides much food for thought

    Peter Ellis

    Who owns the copyright in graphic work such as logos prepared by design agencies on behalf of their clients is not as straightforward as it might seem when the parties have not made their position clear at the outset of the relationship. Two companies faced prolonged and difficult litigation involving hearings at the European trade […]

    Read our legal opinion.

  • Superdrug warned: don’t advertise prescription-only medicines

    Alex Watt

    The ASA have this week published an upheld complaint against Superdrug Stores plc, reminding them that their future advertising should not directly or indirectly promote prescription-only medicines (‘POM’). In this instance, the wording of the ad (‘Up To 76% Cheaper Than Competitors’) focussed on the purchase of a POM rather than a wider focus on […]

    Read our legal opinion.

  • Topshop loses appeal against Rihanna in passing-off case

    Emma Fox

    Topshop has lost an appeal against a ruling of passing-off in relation to its sale of t-shirts bearing Rihanna’s image. There was no evidence from purchasers that they had believed the t-shirts were endorsed by Rihanna. However, as reported in our earlier article on this case relating to the appealed High Court judgment as the […]

    Read our legal opinion.

  • ASA meeting ODPS co-regulation Designation requirements

    John Swani

    The ASA, together with Ofcom, co-regulates on-demand programme services (ODPS) subject to the ASA meeting Designation requirements defined under s.368A(1) Communications Act 2003. In a report published this week, Ofcom confirmed the ASA is meeting the Designation requirements, a view supported by report contributors Channel 4, UTV and Clearcast. The Designation has been amended, removing […]

    Read our legal opinion.

  • trade mark puzzle solved - Rubik’s Cube 3D CTM found valid

    Bonita Trimmer

    The community trade mark (CTM) for the shape of the famous Rubik’s cube puzzle has been found valid this week by the General Court. Simba Toys sought cancellation of Seven Town’s CTM on various grounds including that the mark consisted exclusively of the shape of goods “which is necessary to obtain a technical result” and […]

    Read our legal opinion.

  • OREO’s licked by ASA CAP Code

    Laura Mackenzie

    In our autumn BAM seminar, we focused on the increasing difficulties that advertisers are encountering when using new advertising platforms in light of the hurdles set out by the CAP Code. Today brings the publication of an ASA decision which reminds advertisers using editorial-styled online video ads of the importance of making the commercial nature […]

    Read our legal opinion.

  • app providers respond to ASA rulings on freemium apps

    Paula Dumbill

    Over the last 24 hours the App Store has responded to ASA rulings on misleading ads by making apps that were previously offered as ‘free to play’ now accessible via a ‘get’ option. Also, the words ‘offers in-app purchases’ are clearly positioned at the ad offer stage. In July this year the ASA ruled that […]

    Read our legal opinion.

  • ‘Golden Balls’ CTM saga: differing degrees of similarity

    Laura Mackenzie

    Last year we reported on the General Court’s decision that, on a global consideration of the trade marks ‘Golden Balls’ and ‘Ballon D’or’, their visual and phonetic differences (despite their minimal conceptual similarities) meant they were not ‘similar’ under Art 8(1)(b) CTM Regulation 2007/2009 (requiring identical/similar marks for identical/similar goods and a likelihood of confusion) […]

    Read our legal opinion.

  • BSkyB offer was not the “best ever” – and is pulled

    Alex Watt

    The Advertising Standards Authority (ASA) has today announced that it has upheld a complaint against a BSkyB press advertisement, which claimed that the broadband bundles Sky was offering were the “best ever”. The advertisement in question included text at the top right-hand corner, which stated explicitly “Our BEST EVER broadband offer”. However, when a complainant […]

    Read our legal opinion.

  • Marks & Spencer’s hopes bloom anew

    Nicola Hill

    The internet keywords case Interflora v M&S has come full circle with the Court of Appeal (CA) referring it back to the High Court for a re-trial. This saga began in 2008, when M&S purchased ad-words which resulted in its floristry ads being displayed when a user searched for ‘interflora’ on Google. Interflora alleged trade […]

    Read our legal opinion.

  • ASA bans promotion by The Sun to win a date with a page 3 model

    Jude King

    The Advertising Standards Authority (ASA) has today announced that it has upheld a complaint against News UK for a fantasy football advertisement in The Sun newspaper. The advertisement in question was a promotion for The Sun’s Dream Team fantasy football competition, in which fantasy football participants could enter into a prize draw to win a […]

    Read our legal opinion.

  • no just ‘desserts’ for product shape trade mark

    Laura Mackenzie

    To be registrable a trade mark must not be devoid of any distinctive character; a hurdle that can be overcome if the mark has acquired a distinctive character as a result of its use. Yesterday the EU General Court dismissed an appeal against a decision that a three-dimensional Community trade mark (CTM)for shape of the […]

    Read our legal opinion.

  • Police to place anti-piracy warning ads on illegal sites

    Alex Watt

    BBC news reports reports that the City of London Police Intellectual Property Crime Unit (PIPCU) are intending to place banner adverts on websites offering content that is believed to be illegal. The initiative makes use of technology provided by Project Sunblock, swapping paid-for advertising with warnings about piracy asking users to close their browser; “When […]

    Read our legal opinion.

  • ICO’s annual report announces growth in data protection complaints

    Richard Roberts

    In its annual report, the Information Commissioner’s Office (ICO) has revealed a record number of data protection and freedom of information complaints in the financial year 2013-2014. Following this year’s revelations by Edward Snowden, and the continued growth of ‘big data’, the cloud and social networking, the report shows a 10% year on year increase […]

    Read our legal opinion.

  • can the layout of a retail store be registered as a trade mark?

    Laura Mackenzie

    In a potentially ground-breaking decision the Court of Justice of the European Union has confirmed (in response to an application by Apple Inc. for a device mark depicting its flagship store design) that – subject to certain notable caveats – a representation that depicts the layout of a retail store by means of an integral […]

    Read our legal opinion.

Archives

  • 2015 (96)
  • 2014 (299)
  • 2013 (374)
  • 2012 (469)
  • 2011 (421)
  • 2010 (226)
  • 2009 (32)

Sectors

Opinions tagged as...

High Court Richard Freeth local authorities Ofsted child protection Laura Richards ip Gemma Steele Mark Blois copyright Browne Jacobson schools adult safeguarding Sarah Erwin-Jones Richard Nicholas Department for Education NHS Browne Jacobson LLP Dai Durbridge Intellectual Property employment Court of Appeal Fiona Carter Public Sector education free schools Social Care Claims trade marks litigation advertising academies insurance government DfE teachers James Arrowsmith Brands Hayley Roberts Nichola Evans