In October 2024 we reported on the case of Kompakwerk GmbH v Liveperson Netherlands B.V. [CL-2018-000802] which concerned the question of whether an agent selling access to end users in Great Britain to a third-party software as a service (SaaS) product should be considered an agent for the purposes of the Commercial Agents (Council Directive) Regulations … Continue Reading
In the UK, intellectual property (IP) infringement claims and other disputes in which IP is a major concern can be brought in either the High Court or in many cases the specialist Intellectual Property Enterprise Court (IPEC). Based at the Rolls Building in central London, the IPEC has a more streamlined procedure than the High … Continue Reading
The authors wish to thank Sumaiyah Razzaq for her contributions to this post. Ever since the emergence of generative AI, a major concern for all participants has been the extent to which copyright works can and should be used in training AI models. The application of UK copyright law for this purpose is disputed, leading … Continue Reading
For 30 years many third-party agents who buy or sell goods in Great Britain on the behalf of another (their principal) as opposed to in the agent’s own name have qualified for protection under the Commercial Agents (Council Directive) Regulations 1993 [The Commercial Agents (Council Directive) Regulations 1993] (the Regulations). If the criteria for the … Continue Reading
Consumer law and regulation has been thrusted into the limelight in recent months. The main reason for this is the introduction of the Digital Markets, Competition and Consumers Act (DMCC Act), which received Royal Assent on 24 May 2024. The changes introduced by the DMCC Act are significant and will result in both increased consumer … Continue Reading
On 15 May 2024 the UK Supreme Court handed down its judgement in the case of Lifestyle Equities v Ahmed (Lifestyle Equities C.V. and another (Respondents) v Ahmed and another (Appellants) – The Supreme Court) clarifying the law on the personal liability of individuals who (unknowingly) assist another (the Primary Infringer) to infringe a registered … Continue Reading
The opportunity to compete at the Olympic Games represents one of the most honorable achievements of any athlete’s career. And while Olympians may have always been trailblazers in the world of sports, today’s competitors are more than just athletes – they are brand ambassadors, marketing representatives, and social media influencers. While an athlete’s ability to … Continue Reading
Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. In the ever-evolving landscape of advertising regulations, the recent decision by the UK’s Advertising Standards Authority (ASA) regarding social media posts by former footballers in relation to Supreme CBD’s products … Continue Reading
The authors thank Zarah Bhatti for her contributions to this post. The UK’s Advertising Standards Authority (ASA) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. We commented at the time that these restrictions were likely to see a rise in number … Continue Reading
For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth.… Continue Reading
In a much anticipated judgment, the UK Supreme Court delivered on 20 December 2023 its ruling in the case of Thaler v Comptroller-General of Patents, Designs and Trade Marks (Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) – The Supreme Court) on whether an artificial intelligence (AI) system can be named as the … Continue Reading
The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated content by technology platforms, whether large or small. The OSA will impose new duties on all providers who host “user generated content” (i.e. services which allow … Continue Reading
The UK government announced on 2 August 2023 a new consultation for proposed changes to the UK’s product safety laws. Whilst much of this consultation is concerned with the regulatory compliance arrangements for the testing and marking of products what has received less immediate media coverage are proposals also included to impose additional duties on … Continue Reading
Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ASA“) – for breaching its rules against making misleading environmental claims. Previous ASA ruling against Shell This latest ruling is reminiscent of a 2020 ASA ruling against Shell for a radio ad, where it used the claim “Drive … Continue Reading
The use of artificial intelligence (“AI”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. A recent US case, concerning a comic book which included AI-generated images, offers an opportunity to contrast the two countries’ approaches to AI-generated … Continue Reading
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
