3rd October 2008 | marketinglaw

Unfair contract terms could be criminal says OFT

Written Osborne Clarke on 03 Oct 2008

OFT In its recent, updated “Unfair contract terms guidance”, the OFT underlines that businesses using unfair B2C contract terms that are unenforceable under the Unfair Terms in Consumer Contract Regulations…
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Summary judgment a useful tool in trade mark infringement claim

Written Osborne Clarke on 03 Oct 2008

The High Court has granted summary judgment to ALM Manufacturing, a garden tools manufacturer, dismissing a defence of “innocent” infringement. Katherine Seymour reports the judgment and considers the implications for…
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Regulatory small print negated?

Written Osborne Clarke on 03 Oct 2008

A TV ad mentioned that the advertised windows and doors could be bought on credit and included the required small print, in white. But screen and voiceover also barked “Read…
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Osborne Clarke stages 10th annual marketing law forum

Written Osborne Clarke on 03 Oct 2008

When we look back at the key marcoms law events of the year and forecast what’s in store in the year to come. With a leading US ad lawyer jetting…
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Loyalty cards – stop sneaking!

Written Osborne Clarke on 03 Oct 2008

After a lengthy investigation, the Italian Data Protection Authority has fined leading retailer GS € 54.000,00 over its use of data collected from loyalty card scheme members for various marketing-related…
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Like for like or apples and pears?

Written Osborne Clarke on 03 Oct 2008

Air purifiers and spotlights were recently the focus of ASA cases where advertisers including B&Q claimed to sell more cheaply than others. But was it the same product and what…
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Lib Dems in auto Clegg bind

Written Osborne Clarke on 03 Oct 2008

On the eve of the annual Lib Dem Conference, thousands of UK phone owners received a call to action from a pre recorded Nick Clegg. Harmless enough, perhaps, but if…
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Key points from ground-breaking Osborne Clarke event

Written Osborne Clarke on 03 Oct 2008

At a recent, unique OC event, a wide range of broadcasters, producers, brand-owners, media agencies and prop placement agencies joined an illustrious panel to debate the proposed deregulation of the…
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Electronic Arts “free petrol” launch promo “goes wrong”

Written Osborne Clarke on 03 Oct 2008

Electronic Arts promoted the launch of its game ‘Mercenaries 2: World in Flames’ by giving away £20k worth of fuel at a London petrol station, and quickly learned that you…
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Data protection time bomb for agencies and freelancers?

Written Osborne Clarke on 03 Oct 2008

ICO clampdown on freelance journalists processing personal data throws the spotlight on freelancers in the marketing industry. Surely they don’t need to be “notified” with the ICO or contracted as…
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Company directors must heed new gift/conflict laws

Written Osborne Clarke on 03 Oct 2008

Since 1 October 2008 the coming into force of more parts of the Companies Act 2006 has activated important new rules on company directors’ duties. They cover acceptance of benefits…
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“Win a house” competition sets off legality debate

Written Osborne Clarke on 03 Oct 2008

The Wilshaws were not shifting their £1m Devon house and garden, so with legal advice offered it as a prize in a £25 a ticket competition. But was this problematic…
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