According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture, the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%. Influencer marketing offers brands a unique opportunity to target and connect with online communities, using … Continue Reading
We reported last week on the UK government’s decision to reduce the scope of its proposed Retained EU Law (Revocation and Reform) Bill. As originally drafted had that bill become law then all direct EU legislation currently retained as UK law would have automatically lapsed at the end of this year unless specifically retained or … Continue Reading
There has been considerable media coverage in the UK this week following the government’s announcement that it is to reduce the scope of its controversial Retained EU Law (Revocation and Reform) Bill (Retained EU Law (Revocation and Reform) Bill publications – Parliamentary Bills – UK Parliament). Had this bill entered into law in its original … Continue Reading
The authors would like to thank Eben Kurtz for his valuable contribution to this post. Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent anti-advertising movement which uses a brand’s own assets and marketing channels against the brand itself, through replacing legitimate advertisements with spoofs and parodies (known as “subvertising”). … Continue Reading
Every year, on April 26, intellectual property organizations around the world observe “World IP Day” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs. The theme for 2023 is “Women and … Continue Reading
On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating. As noted in our previous blog, the ASA recently banned a … Continue Reading
The cost-of-living crisis is a concern for all consumers, with many carrying out research to understand ways that spending can be reduced. One major issue during the cold winter days is the cost of heating bills. The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. All the … Continue Reading
The Advertising Standards Authority (“ASA”) has issued its first ruling under the new rules that prohibit gambling ads with “strong appeal” to under-18s, providing a useful example as to how the new rules will be applied. Updated Gambling Ad Rules As covered in more detail in a previous article for this blog, on 1 October … Continue Reading
Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report, published in March 2021 by another … Continue Reading
With gratitude to Heloise Morle for her contributions to this post. In a modern world of celebrity and influencer endorsements, there is arguably one endorsement that still trumps others: the Royal Warrant. The granting of an English monarch’s royal seals of approval dates back to 1155 – when King Henry II granted the Weavers’ Company … Continue Reading
Within seven months[1] of the UK regulator, the Competition and Markets Authority (“CMA“), announcing its review of green claims in the fashion retail sector, it has opened an investigation into such environmental claims made by various fashion businesses, including ASOS and George at Asda. This comes less than a year after all businesses were put … Continue Reading
The Competition and Markets Authority (“CMA“) has published advice for the UK Government on changes that could be made to consumer and competition law to facilitate the UK achieving a “Net Zero” economy by 2050. Whilst the regulator does not consider that current law represents a barrier to such sustainability goal, the CMA nonetheless recommends … Continue Reading
The UK’s IPEC court has granted various movie studios and Nintendo website blocking injunctions to prevent the infringement of their IP rights. The legal victories demonstrate the practical measures the English legal system is willing to take in the fight against online piracy.… Continue Reading
Subscription-based contracts are common. They provide certain benefits to businesses, such as offering predictable revenue. These types of agreement often contain ‘auto-renewal clauses’, whereby the agreement will auto-renew unless the consumer cancels.… Continue Reading
Earlier this year, we published our blog on the topic of ‘Deepfakes’, in which we argued that the rise of this technology necessitates urgent legal reform. Without the courts developing English law in a way that they are usually unwilling to do, the current position is that it is not well-suited to deal with the problems … Continue Reading
The ASA has issued a stark warning to advertisers: non-compliance with ASA rules on disclosures in advertising is rife and that is unacceptable. The regulator now plans to get tough with those in breach. We blog regularly on Advertising Standards Authority (ASA) scrutiny of advertising rules in the social media landscape. The ASA has now … Continue Reading
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
The beauty industry faces a constant challenge in relation to the truthfulness of the products it sells. Through the power of social media, beauty brands use influencers to endorse their products, adding a dimension of apparent authenticity to their advertising. In an attempt to regulate such practices, the Advertising Standards Authority (ASA) has focused on … Continue Reading
With online shopping at all-time high, ‘buy now, pay later’ (BNPL) options are becoming increasingly popular. BNPL is an option that enables customers to delay paying for goods or allows them to pay in instalments. The service typically bears interest which consumers have to pay. It differs from hire purchase because with BNPL, the customer … Continue Reading
This blog is a follow-up to our recent blogs on HMRC’s controversial Changes to VAT and Early Termination Payments and VAT on Compensation in Intellectual Property Settlements. As previously noted, the retrospective nature of the changes and the consequential risk of having to unpick historic settlement payments raised a number of issues. This has now … Continue Reading
US company Celgard, LLC has secured an interim injunction against its rival, Chinese company Shenzhen Senior Technology Material Co Ltd (“Senior”), that prevents Senior from importing or supplying its battery accessory products into the UK. The Court found there was a likelihood that Senior had misused Celgard’s confidential information and trade secrets, and that the … Continue Reading
Last week on 8 December 2020, the UK Government Department for Digital, Culture, Media and Sport (“DCMS”) announced its review of British gambling laws. As part of its review of the UK Gambling Act 2005 (the “Act”), the DCMS has initiated a call for evidence, which will stay open until 31 March 2021. This review … Continue Reading
On 2 November 2020, the UK Competition and Markets Authority (CMA) announced that it will be investigating descriptions and labels used to promote products and services claiming to be ‘eco-friendly’ and whether they could mislead consumers. The concern for the CMA is that an increase in demand for sustainability could lead to businesses making misleading, … Continue Reading
This blog is a follow-up to our recent blog on HMRC’s surprising Changes to VAT and Early Termination Payments. As we noted, HMRC’s updated guidance is proving to be highly controversial. What’s happened? Folks are unhappy because the updated guidance treats contract termination payments (including for breach or withdrawal or under liquidated damages clauses) as … Continue Reading
