Archives: Advertising

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More Crackdowns from the FTC – Advertisers Take Note of “Operation Full Disclosure”

The U.S. Federal Trade Commission (the “FTC”) is the federal agency charged with enforcing various consumer protection laws, including the prohibition on “unfair or deceptive acts or practices.”  We recently reported on the FTC’s crackdown on companies that allegedly collected personal information from children under the age of 13 in violation of the Children’s Online … Continue Reading

Consumers given new powers in the latest consumer law reforms

UK consumer protection laws change again today (1 October).  The Consumer Protection (Amendment) Regulations 2014 (the “Regulations”) come into force.  They give consumers a new direct right of redress against traders who commit certain breaches of the Consumer Protection from Unfair Trading Regulations 2008 (CPUT).  This development shifts the balance of power in favour of … Continue Reading

Advertising – ‘Pester power’ rule set for reform

The Broadcast Committee of Advertising Practice (BCAP) proposes to amend the ‘pester power’ provision in Rule 5.9 of the BCAP Code. The proposed change will represent a small but significant relaxation in the UK’s advertising regulatory regime. The current Rule 5.9 prohibits advertisements from “encouraging” children to buy a product or service or from asking their … Continue Reading

The Supreme Court Gives Juice to Lanham Act Claims

The Supreme Court’s unanimous opinion in POM Wonderful LLC v. Coca-Cola Co. (Dkt. No. 12-761) (June 12, 2014) highlights the key role of Lanham Act false advertising claims in protecting consumers from misleading advertising and labeling. Reasoning that competitors often are in a better position than regulators to identify false advertising and other unfair competition, … Continue Reading

Celebrity Tweets Can Cost You Millions

With 255 million monthly active Twitter users and more than 1 billion active Facebook users, social media platforms are powerful tools for companies to build relationships with their consumers and share information about their products.  Although social media offers companies a wide variety of opportunities to engage consumers, such as through conducting online promotions or … Continue Reading

.LONDON domain name to launch on 29 April 2014

What is it?  A new top-level domain name (TLD) permitting registration of (brand).LONDON, with priority given to London businesses, organisations and individuals.  Anyone with a presence or interest in London should consider seeking to register a .LONDON domain name.  It is expected that domain names will be allocated by August or September 2014. Who is … Continue Reading

Running an international prize promotion without breaking the law

Running an international prize promotion is an increasingly popular way for brands to engage with their consumers. Given the obvious benefits of the Internet, brands and their advisors often seek to operate those promotions through third party social media platforms, such as Facebook, YouTube and Twitter, or on bespoke platforms. While there are many benefits … Continue Reading

Read this before you Tweet that link!

Most companies by now have made their footprint in social media, including on leading platforms such as Facebook and Twitter.   With 500 million Tweets being sent per day, companies need to get creative to come up with enough content to engage their consumers.  One popular technique is to send Tweets that contain links to third-party content, along … Continue Reading

Hot Topics in Intellectual Property and Technology

Our new quarterly publication – Hot Topics in Intellectual Property and Technology – highlights the most significant legal developments in the UK and Europe in the areas of intellectual property and technology, contract, data protection and privacy, trade secrets and advertising and media. Our Hot Topics briefing is intended to keep you abreast of key … Continue Reading

UK: High Court judgment means online retailers must review how they use third-party brand names

Following last week’s High Court ruling in the claim brought by Lush against Amazon, online retailers targeting the UK should review how they use brand names on their websites and as search engine keywords to generate sponsored adverts, or risk liability for trade mark infringement.   The claim Lush, the well-known UK cosmetics company, owns a … Continue Reading

Sweepstakes and Contests: Should You Go International?

Sweepstakes have traditionally been widely used by marketers in the U.S., as they can be good at generating publicity and driving consumers to a company’s product (think Publisher’s Clearing House).   After all, who doesn’t love something for free?  In this digital age, sweepstakes are becoming even more popular as companies can better reach their consumers through social … Continue Reading

It’s Not Just Cricket: Protecting IP In Sport

Branding is the key to commercial success in sport. Just think: where would the New York Yankees be without their iconic NY logo? Or the Chicago Bulls without their iconic bull’s head? How much money would the Australian Football League (AFL) make if they didn’t own the logos for every team, and couldn’t sell official … Continue Reading

WIPO’s Brands Report Released

WIPO has released its latest global intellectual property report, with a focus on branding activities of organisations in the global marketplace. The report’s title is Brands: Reputation and Image in the Global Marketplace and provides new information about how global companies use their brands. For legal practitioners, in-house counsel and employees working in the branding space, it … Continue Reading
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