19th October 2001 | marketinglaw

Would you really say ‘Baby Dry’? TM test.

Written Osborne Clarke on 19 Oct 2001

The European Court of Justice has delivered a perhaps surprising judgment on registrability of ostensibly descriptive marks. Topic: Brands Who: Procter & Gamble Company v Office for Harmonisation in…
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Right picture, wrong story dishes Merck

Written Osborne Clarke on 19 Oct 2001

‘There but for the grace..’ may be the comment of many time and budget-strapped marketers on this sad story of mistaken identity in a drug promotion brochure. Topic: People…
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Pitch volte face irks agencies

Written Osborne Clarke on 19 Oct 2001

When Transport for London recently cancelled a pitch and awarded the work to the earlier winner of a different TfL account, disappointed agencies threatened legal action. But do they have…
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Is silence golden?

Written Osborne Clarke on 19 Oct 2001

Job references are rumoured to be becoming a thing of the past. Word is out that provision of references is a dangerous game. Scare mongering ? Maybe not. Back…
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Financial distance selling directive nears sign-off

Written Osborne Clarke on 19 Oct 2001

After three years, the long-awaited financial sequel to the general distance selling directive is near finalisation. Topic: Financial services Who: The EU Internal Market Council Where: Brussels When: October…
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FIFA issues ‘World Cup’ warning to marketers

Written Osborne Clarke on 19 Oct 2001

As the four yearly extravaganza approaches, are unauthorised World Cup promos and name-checks going to keep the lawyers in designer dress-down yet again? Topic: Sports marketing Who: FIFA When:…
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EU promo law does excellent bus impression

Written Osborne Clarke on 19 Oct 2001

Suddenly, after years of deliberation, the European Commission has come up with a brace of proposals for harmonising EU promo law, on the same day! Topic: Promotion marketing Who:…
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EU moves to ease SMS marketing controls.

Written Osborne Clarke on 19 Oct 2001

In the brouhaha over e-mail marketing opt-in/out votes, other, SMS marketing provisions of the ‘Communications Data Protection Directive’ have been missed. Topic: M Commerce Who: The European Commission Where:…
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E-mail marketing opt-in/opt-out fix in sight?

Written Osborne Clarke on 19 Oct 2001

After September’s abortive European Parliamentary vote, the sub committee asked to produce a compromise solution has pronounced surprisingly quickly. Topic: E-mail marketing Who: The European Parliament and the Committee…
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Data transfers get ‘EU approved contract’ lifeline

Written Osborne Clarke on 19 Oct 2001

Transferring personal data out of the EU is easy, but dangerous unless one of a handful of ‘gateways’ are used. Topic: Data protectionWho: The European CommissionWhere: BrusselsWhen: Summer 2001…
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Copyright verdict sounds warning for ad agency directors.

Written Osborne Clarke on 19 Oct 2001

Yes, company directors can in certain circumstances be sued personally for infringement of copyright and other intellectual property rights, said the Court of Appeal. Topic: Directors’ liabilityWho: MCA Recordings…
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Boots on back foot over data use.

Written Osborne Clarke on 19 Oct 2001

When Boots thought they would give opt-outers a chance to reconsider, half a million responded positively but twenty eight complained to the Advertising Standards Authority. Topic: Data privacyWho: The…
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