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Brands and IP newsnotes - issue 5
27 June 2017Welcome to the 5th edition of our Brands & IP newsnotes put together to bring you the latest, and most interesting legal developments affecting intellectual property law. In this issue we cover; the potential pitfalls of social media, design by artificial intelligence, interesting trade mark applications and cases, an update on the UPC, and the importance of protecting trade secrets.
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Will you pass the red face test? - Naming and shaming of late payers has now arrived
09 May 2017From 6 April this year, all large UK companies (and limited liability partnerships) are now subject to a new regime which requires them to publish, on a Government website, detailed reports on their supplier payment policies and practices. The Regulations are designed to create public transparency of large businesses’ payment policies and practices, primarily for the benefit of small and medium-sized suppliers.
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Important new guidelines for advertising prices to UK consumers
17 March 2017The long-awaited Guidance for Traders on Pricing Practices was finally issued by the Chartered Trading Standards Institute (CTSi) in December 2016. The previous guidelines had been around since the old DTI published its first Code of Practice in 1988, with the last iteration published by the Department for Business, Innovation and Skills (BIS) in 2010. Although the BIS guidance has been withdrawn, traders have until April 2017 to comply with the new Guidance. The Guidance will apply to any advertisers targetting UK consumers, including advertisers based abroad.
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Chancellor Philip Hammond’s consumer protection announcements
14 March 2017The Spring Budget is not usually an occasion for tackling the nitty-gritty of consumer protection, but last week the Chancellor promised a number of Government initiatives likely to impact upon consumer-facing businesses.
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“(Section 55) Shades of Gray” - using the Data Protection Act to prevent employees misusing or taking data
27 February 2017A recent case has highlighted a potentially helpful mechanism in the Data Protection Act 1998 (“DPA”) for employers to use if they are concerned about employees taking data when they leave.
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Supreme Court upholds spouse minimum income requirement
22 February 2017The Immigration Rules regulate immigration of non-Europeans into the UK. Under the Rules, a non-EEA spouse must earn £18,600 each year before being allowed to join their partner in the UK. The lawfulness of this “minimum income requirement” has been scrutinised and ultimately upheld by the Supreme Court, although with some criticism.
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Sexual portrayal of under-18s in ads
18 January 2017Following a number of adjudications in recent years concerning the sexualised portrayal of children and young people, as well as the publication of various reports calling for action to stop the premature sexualisation of children, the Committee of Advertising Practice (CAP) has launched a consultation on the proposed introduction of new rules in the UK advertising codes prohibiting the sexual portrayal of under 18s in advertising. The consultation is open for response until 5pm 19 January 2017.
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Changes to EU law around the regulation of On Demand Video
07 December 201625 May 2016: The European Commission has proposed wording for the revision of the Audiovisual Media Services Directive (AVMSD)
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New guidance for traders and advertisers on price claims published
07 December 2016Today (7 December 2016) after a lengthy period of consultation, the Chartered Trading Standards Institute published updated guidance on pricing practices and price claims.
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James Storke on Mental Health issues in the Advertising Sector
15 November 2016Statistics show that mental health problems are becoming particularly prevalent in the advertising industry
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Lewis Silkin creates three best-practice guides for Digital Doughnut
09 November 2016Lewis Silkin is delighted to be partnering with leading online marketing resource, Digital Doughnut, to produce best-practice guides for professionals in the advertising and marketing sector.
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Video commerce the next frontier for retailers
08 November 2016Retailers are increasingly becoming broadcasters and looking to sell their goods via shoppable videos and other platforms.
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Broadband Ads: End of the line... (rental)?
26 October 2016From 31 October 2016, broadband ads will need to be much clearer in relation to price claims.
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Social faux pas: Brands and celebrities
21 October 2016An Advertising Standards Authority (ASA) ruling in September illustrates that some brands and their agencies are still getting it wrong when it comes using a celebrity’s social media presence to promote their product.
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Government to extend review to include gambling adverts on TV
07 October 2016The front page of The Times reports today that the government is to extend its review into Fixed Odds Betting Terminals to cover gambling advertisements on TV, amid concerns about the proliferation of gambling adverts and their exposure to children.
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Rio Olympic Act: a last minute hurdle for ambush marketers
22 July 2016With the Rio Olympic Games just around the corner, there have been concerns about the country’s readiness to play host to the competition, its athletes and scores of fans. Issues around stadium safety and anti-doping policies have been at the forefront of the debate, but there has also been, until very recently, a distinct lack of clarity for brands and sponsors planning marketing activities in Brazil in the lead up to the Games.
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Brands using vloggers transformed from poachers to be gamekeepers by the FTC
15 July 2016On Monday 11 July 2016, the United States’ Federal Trade Commission (FTC) published news of its draft settlement agreement with Warner Bros. in connection with their vlogging campaign for the launch of the video game “Middle Earth: Shadow of Mordor” in September 2014.
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Are you ready for TfL’s new ban on advertising?
01 July 2016It is unusual for a politician to fulfil an election pledge within the first 60 days of taking office. In fact, some politicians even refuse to take up office simply to avoid fulfilling an election pledge.
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David Deakin discusses The Internet of Things, new horizons and new challenges for retail
18 May 2016David Deakin has written an article for Essential Retail discussing the legal implications the Internet of Things is having on the retail industry.