28th August 2003 | marketinglaw

US judge OK’s pop-up ads
Written Osborne Clarke on 28 Aug 2003
Website “U-Haul” was unimpressed when, thanks to ‘adware’ firm “When U,” visitors to the U-Haul site found it obscured by pop-up ads for U-Haul’s competitors. U-Haul sued When U, who…
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Top parity for CAP and ASA on superiority claims?
Written Osborne Clarke on 28 Aug 2003
The ASA says ‘top’ is mere puff and CAP says ‘best’ is an objective superiority claim. Are they both right and is CAP copy advice unbeatable? Topic: Comparative Advertising Who: …
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Ten year ‘Tiger Token’ promotion takes its toll
Written Osborne Clarke on 28 Aug 2003
‘Cant pay, wont pay’ said numerous Esso station operators across the country when Esso asked them to stump up the cost of a long running loyalty scheme. The contracts seemed…
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Premium line watchdog issues new SMS guidelines
Written Osborne Clarke on 28 Aug 2003
With mounting complaints over breaches of its Code of Practice by marketers and providers of SMS content services, ICSTIS has released revised Guidelines effective July 2003. Topic: M-Commerce Who: The Independent Committee…
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New email regulations delayed
Written Osborne Clarke on 28 Aug 2003
In March 2003, the DTI promised publication in August 2003 of the final regulations implementing the EU Privacy and Electronic Communications Directive. This will not now happen. Topic: Digital Marketing Who: The…
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New e-marketing law awareness survey
Written Osborne Clarke on 28 Aug 2003
marketinglaw’s Osborne Clarke, together with digital marketing industry leaders Harte Hanks and Xpedite, recently sounded out British marketers on their readiness for new e-mail marketing laws. Topic: Digital marketing Marketing Strategies…
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New bid to avert direct mail/promotions waste laws
Written Osborne Clarke on 28 Aug 2003
The Government wants 30% of direct marketing/sales promotion material recycled or recovered by 2005. To help achieve this the Direct Marketing Association has reached an agreement with the DEFRA and…
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Latest ‘wasn’t that in our pitch?’ dispute settles
Written Osborne Clarke on 28 Aug 2003
Meerkat was not the first pitch-losing agency to spot uncanny similarities between its presentation and the “client”‘s subsequent campaign. For the story and some tips as to how to avoid…
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Jordan’s Vodafone sponsorship deal claim black-flagged
Written Osborne Clarke on 28 Aug 2003
Brand agencies with obvious conflict of interest, blatant inaccuracies, claims without foundation and false – litigation involving F1’s colourful Eddie Jordan was never going to be dull. Topic: Contract Who: Jordan Grand…
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Hope for EU-US intra-group data transfer?
Written Osborne Clarke on 28 Aug 2003
If it’s all in the same corporate group, transfers of customer/prospect data from the UK to the US are automatically OK, yes? Certainly not, at least until an EC data…
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EC launches major food claims initiative
Written Osborne Clarke on 28 Aug 2003
The end of the road for ‘High fibre’, ‘halves your calorie intake’, ‘helps keep your body feeling good’ and ‘folate may help normalise plasma homocysteine levels’? Maybe, courtesy of a…
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Dusseldorf awards damages for irritating pop-up ads
Written Osborne Clarke on 28 Aug 2003
Unclose-able pop-up download offers on a website were a pain for punters, but how could they entitle the website’s competitor to recover damages? Germany’s competition laws surprise again. Topic: E-Advertising Who: Peepphone.de…
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Tom Harding
Partner, Bristol
Claire Bowles
Legal Director, London
Daisy Dowding
Trainee Solicitor, London
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Partner, London

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