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ASA: promoter does not need to obtain branded prize’s permission

30 September 2010 | Mark Weston

A person giving away as a prize the products of another brand does not need to obtain that other brand’s permission, if there is no other suggestion that the two are linked. Stella McCartney – the...

Tags on this discussion: advertising Advertising Standards Authority ASA brand brand protection branding brands infringement Intellectual property intellectual property rights IP misleading advertising trade mark trade mark infringement trade marks unfair unfair advantage

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

16 August 2010 | Paul Gershlick

Specsavers was a famous money-saving optician and had registered trade marks for its name and two overlapping ovals logo. Asda was re-launching its optician service. Specsavers objected to the logo and...

Tags on this discussion: brand branding brands comparative advertising detriment EU law European Union High Court infringement Intellectual property intellectual property rights IP logo trade mark trade mark infringement trade marks Trade Marks Act unfair unfair advantage

Information Commissioner issues code of practice for online behavioural advertising

20 July 2010 | Paul Gershlick

The Information Commissioner’s Office – the UK’s data protection regulator – has issued a code of practice dealing with online behavioural advertising issues. Online behavioural advertising refers...

Tags on this discussion: behavioural advertising code of practice consent cookies data data controller data protection data protection act data protection directive data subject DPA explicit consent fair fairness ICO Information Commissioner Information Commissioner's Office misuse of data Online personal data sensitive personal data unauthorised unfair

Trade mark applicant told that use of Idol is not ideal

13 July 2010 | Paul Gershlick

The Intellectual Property Office has allowed in part an application from the owners of the POP IDOL registered trade mark to oppose the application for MODEL IDOL. The description of some of the advertising...

Tags on this discussion: brand branding brands goodwill Intellectual property Intellectual Property Office intellectual property rights IP IPO reputation trade mark trade mark infringement trade marks unfair

EU Member States may impose more consumer-friendly laws than are contained in Unfair Terms Directive – Caja de Ahorros v Associacion de Usuarios de Servicios Bancarios, European Court of Justice

21 June 2010 | Mark Weston

The Unfair Terms Directive states that certain terms in standard business-to-consumer contracts are unfair if they are not in plain language or if they are unfair on consumers. That Directive has been...

Tags on this discussion: B2C business-to-consumer consumer laws contract contract law contracts fair fairness plain English unenforceable unfair Unfair Terms Directive Unfair Terms in Consumer Contracts Regulations

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Latest news and views tagged unfair

ASA: promoter does not need to obtain branded prize’s permission

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

Information Commissioner issues code of practice for online behavioural advertising

Trade mark applicant told that use of Idol is not ideal

EU Member States may impose more consumer-friendly laws than are contained in Unfair Terms Directive – Caja de Ahorros v Associacion de Usuarios de Servicios Bancarios, European Court of Justice

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