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18 May 2022
Welcome to the May 2022 edition of our Digest, covering legal and regulatory developments from the last few weeks relevant to advertising, marketing and brand-owning businesses. As usual, for each item we provide a succinct summary accompanied by a link to the full text of the relevant official source or our own report.
25 February 2022
As efforts across our industries intensify to meet the climate crisis challenge head-on, so too does the accusation of ‘Greenwashing’.
06 January 2022
Welcome to the January 2022 edition of our Digest, covering legal and regulatory developments from the last few weeks relevant to advertising, marketing, and brand-owning businesses.
Press20 July 2021
Many businesses will be buzzing with ideas of how to capitalise on the long-awaited Olympics this month. While you can certainly get into the spirit of it, there are strict rules in place to protect the Olympic and TeamGB brands.
Culture war: should British brands fly the union flag on packaging? Brinsley Dresden comments for The Grocer
Press07 May 2021
The newest front in Britain’s culture war is seeping into food and drink. So should brands adopt the union flag on packaging and marketing – or steer clear?
Press09 December 2020
In this article for IAM, Paul Williams and Michael Szlesinger outline some changes that patent applicants and practitioners have to look forward to in the new year.
27 November 2020
Earlier this week, Brinsley Dresden, Partner and Head of our Advertising & Marketing Sector Focus Group, welcomed Guy Parker, Chief Executive of the Advertising Standards Agency (“ASA”), for a virtual fireside chat to discuss how the ASA is facing up to some of the big issues in the advertising and marketing industry.
19 November 2020
It is a lofty ideal to impose a duty of due impartiality on social media platforms. Decisions of where and whether to allow or to block various content on major social media platforms are extremely important. The flow of information, misinformation and disinformation clearly has the power to influence societies and the outcome of elections.
Imposing impartiality on social media is probably impossible: Geraint Lloyd-Taylor writes for The Times
Press19 November 2020
It is a lofty ideal to impose a duty of due impartiality on social media platforms. Decisions of where and whether to allow or to block various content on popular sites are extremely important, given that the flow of information, misinformation and disinformation clearly has the power to influence societies and the outcome of elections.
Lewis Silkin - How Photography Entrepreneurs Can Protect Their Work From Image Theft - Anna Caruso comments for Forbes14 September 2020
Digital technology has transformed the world of professional photography and enabled many people to turn a hobby into a successful business. But, while the internet has made it easy for photographers to showcase their images, it has also made it easy for people to steal them to post on their own websites or social media pages. Anna Caruso comments further in this article for Forbes.
17 August 2020
The BlackLivesMatters movement has led to sports clubs reconsidering the appropriateness of their team names, mascots and nicknames.
17 July 2020
As the power of the influencer increases, as does the importance for brands to not only find the perfect talent for their campaign, but to ensure a happy and long-lasting relationship.
Press19 June 2020
Victor Timon, a commercial technology and data privacy partner in our Dublin office, has written the Ireland chapter of ICLG's "Digital Business 2020".
Influencing your relationship: Key points for brands to consider when contracting with an influencer07 May 2020
Influencers provide brands with an exciting and engaging way to reach audiences. Unlike traditional advertising, when working with influencers brands usually won’t have complete control over the content which is created.
01 May 2020
Recall a time when government edicts had not yet led to most of the world being forcibly isolated in their homes, a time when the UK had not yet voted to leave the EU, a time when David Cameron was in Number 10 and Barack Obama was in the White House. If you can stretch your mind back that far, you can remember a time before the Sky v SkyKick case hung over the law of trade marks. Well, 4 years later, the battle (subject to any further appeals…) appears to be over. The telecommunications and TV giant perhaps best known for its sports broadcasting, Sky, has emerged from the ring victorious, albeit with a few cuts and bruises to show.
06 April 2020
In highly competitive industries, the line between extolling the virtues of one’s own product and comparing it with others can be a very fine, and sometimes blurry, one. Most advertisers will make claims about their products. Those claims might be straightforward, such as claims as to battery life, suitability for certain tasks or conditions, or relating to price. Other claims might suggest that the advertiser’s product is the best, cheapest or superior in some other way. There is a category of advertising though that can be much more high stakes – comparative advertising.
26 March 2020
As you will have seen, governments across Europe have issued a range of recommendations to reduce the spread of COVID-19. The various IP offices have recognised this will have an impact on the ability of rightsholders/ applicants/ opponents to meet their deadlines, and so each of the UKIPO, the IP Office of Ireland, the EUIPO and the EPO have announced that deadlines will be extended:
Image rights – protection, exploitation and taxation: Alex Kelham and JJ Shaw publish Practice Note on Lexis PSL.
Press13 January 2020
Alex Kelham and JJ Shaw have partnered with LexisNexis to produce a Practice Note focusing on the commercial protection, exploitation and taxation of image rights in the UK.
12 December 2019
The recent landmark decision of Cofemel v G-Star Raw, outlines that copyright protection exists for designers across the EU if their works are original. “Originality” is defined as: the own intellectual creation of the author. The Court of Justice of the European Union (CJEU) stated that no additional national legal requirements are needed to bring a claim for copyright infringement, except for originality. The decision should help to unify the approach to EU copyright laws.
Press Release11 November 2019
Lewis Silkin LLP has today announced the appointment of Victor Timon as a partner in the firm’s Dublin office, marking the launch of the firm’s Commercial, Technology and Intellectual Property practice, and the expansion of the Data & Privacy practice, in Ireland.