Ailin O'Flaherty

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Crackdown on Gambling Ads Featuring Sports Stars: New Advertising Rules

As reported in our previous article published in 2019, the Committees of Advertising Practice (CAP) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. Under the current rules, gambling ads are prohibited only if they appeal ‘particularly’ to under-18s, which CAP considers means if an ad … Continue Reading

The Rise of the “Deepfake” Demands Urgent Legal Reform in the UK

The phenomenon of ‘fake news’ and spread of misinformation is not a new one, but advancements in technology, in particular ‘deepfakes’, have highlighted the seriousness of the threat in a way that has not happened before. Deepfakes have evolved significantly in recent years and the tell-tale signs (odd hand or mouth movements or odd pronunciation … Continue Reading

Messi Scores Goal in Trade Mark Dispute: Registering Celebrity Names as Trade Marks

The Court of Justice of the European Union (“CJEU”) has ruled that, after a decade-long legal battle, football ace Lionel Messi has the right to register his name as a trade mark. This interesting case confirms that celebrity names are registrable as trade marks. However, whilst there are some advantages to seeking such protection, there … Continue Reading

Whoops! Whopper ad banned by the ASA

The advertising regulator in the UK, the Advertising Standards Authority (ASA) has banned Burger King’s ads for its new ‘Rebel Whopper’, a plant-based alternative to its hugely successful ‘Whopper’ beef burger. The ASA ruled that the ads were misleading, because the overall impression of the ads was that the Rebel Whopper was suitable for vegans … Continue Reading

Scripts and Copyright: Application ‘Pitched’ Out of Court

Seeking an interim injunction to protect against copyright infringement can often run into difficulties, as demonstrated by the recent judgment in Happy Camper Productions Ltd v British Broadcasting Corporation [2019] EWHC 558 (Ch). The dispute centred on the script for an episode of ‘Pitching in’, a comedy-drama programme by the BBC about a widower in … Continue Reading

New Artificial Intelligence Advisory Body in England and Wales – Bringing the Modern World to the Judiciary

Lord Burnett of Maldon, the current Lord Chief Justice, has set up a new Advisory Body with the aim of ensuring that the Judiciary of England and Wales is fully informed about developments in artificial intelligence (AI). In setting up the group, Lord Burnett recognised the importance of AI in today’s modern world, and the potential … Continue Reading

GDPR’s Impact on the CAP Code and How Prize Winners are Announced

Back in May this year, the Committee of Advertising Practice (CAP), which authors the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code), launched a consultation (the Consultation) on changes that may be required to the CAP Code on the issue of administration of prize promotions. This followed the introduction of … Continue Reading
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