30th April 2006 | marketinglaw

You wont believe this verdict – or will you?

Written Osborne Clarke on 30 Apr 2006

The rule is that branding doing no more than making a generic promotional claim cannot become a registered trade mark. So what about ‘You wont believe your eyes’? Distinctive enough…
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Unfair commercial practices directive Q&A

Written Osborne Clarke on 30 Apr 2006

With the countdown to implementation of the EU Unfair Commercial Practices Directive er.. counting down, in the first of a series we focus on a number of key questions in…
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TNT promo implodes

Written Osborne Clarke on 30 Apr 2006

Under concerted pressure from FIFA, delivery specialist TNT recently pulled a B2B ‘Win tickets to the World Cup final’ promotion. What was the problem and just how strong was FIFA’s…
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Tesco’s packaging dead duck

Written Osborne Clarke on 30 Apr 2006

Animal campaign group Viva! complained to trading standards about pictures of reeds and bulrushes on duck meat packs on Tesco shelves. What was the grouse and what are the lessons…
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Swedish PM sues Ryanair

Written Osborne Clarke on 30 Apr 2006

It seems no country is immune from Ryanair’s no-holds-barred advertising. Now it’s Sweden’s turn as two political heavyweights lose patience and sue over their photos in a Ryanair ad under…
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Olympics Bill past the finishing post

Written Osborne Clarke on 30 Apr 2006

After a sprint through Parliament, the London Olympic Games and Paralympic Games Act 2006 has now received the Royal Assent. In its final form, will it be as much of…
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New undertaking transfer rules threaten account moves

Written Osborne Clarke on 30 Apr 2006

New, more widely drawn transfer of undertakings employment regulations could become a major factor when advertising accounts change hands. Could the new agency really be forced to employ the outgoing…
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Minister and ASA in enforcement double act

Written Osborne Clarke on 30 Apr 2006

When ThePool.com announced a new campaign promoting its pool betting service to 16 and 17 year olds and featuring sex and nudity it must have expected controversy, but a pre-investigation…
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Important ASA viral marketing verdict

Written Osborne Clarke on 30 Apr 2006

A recent decision by the Advertising Standards Authority on a supposed ‘member-get-member’ viral email campaign brought into focus the CAP Code’s provisions on this popular form of digital advertising and…
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EU data watchdogs strike blow for deliverability

Written Osborne Clarke on 30 Apr 2006

Ask most email marketers to identify the biggest challenge they face these days and the answer will not be ‘legal compliance’ but ‘deliverability’. Does a recent opinion by EU data…
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easyMobile and Orange head into court

Written Osborne Clarke on 30 Apr 2006

After months of bickering and attempted negotiation, France Telecom’s Orange has finally lost patience and issued proceedings against easyGroup and its use of orange for the competing easyMobile brand. But…
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Bubbles judgment dissected

Written Osborne Clarke on 30 Apr 2006

In the first of two reports on the recent outcome of O2’s case against Hutchison 3G over TV advertising for 3’s ‘ThreePay’ pay as you go service, we focus on…
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Recent contributors

Max Wächter, LL.M.

Senior Associate, Germany
Kevin van ‘t Klooster

Senior Associate, The Netherlands
Paul Anning

Partner, London
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