3rd March 2009 | marketinglaw

Who watches the watchmen?
Written Osborne Clarke on 03 Mar 2009
The ASA has ruled against a mechanism for capturing customer data. But Stephen Groom suggests the verdict is fundamentally flawed in at least three ways and is concerned that the…
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Was use of Austrian “Wellness” brand on free gifts “genuine use”?
Written Osborne Clarke on 03 Mar 2009
Not using a registered trade mark for five years or more can mean loss of the registration under EU “use it or lose it” rules. So what if the only…
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Time up for timeshare scams?
Written Osborne Clarke on 03 Mar 2009
The timeshare industry has often been the subject of regulatory scrutiny. Now a new EU measure, Timeshare Directive 2008/122/EC, has been signed off. This introduces new, pan European rules requiring…
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Slew of “free” or equivalent claims slated by ASA
Written Osborne Clarke on 03 Mar 2009
Maybe it’s a sign of the times, but “free” of equivalent offers are becoming ever more popular attention-grabbing devices. The problem is that sometimes big name advertisers who maybe should…
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Rules tighten on health/nutrition claims
Written by Anna Williams on 03 Mar 2009
BCAP has recently consulted on changes to the TV and Radio Ad Codes to ensure they don’t allow food claims that would breach EU regulation 1924/2006/EC on nutrition and health…
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New credit ad disclosures on the horizon
Written Osborne Clarke on 03 Mar 2009
The Consumer Credit Directive 2008/48/EC is due for implementation by June 2010. It is likely to impose new obligations on advertisers mentioning credit to provide prescribed information about the credit…
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Marcoms law conference: last chance to book
Written Osborne Clarke on 03 Mar 2009
With Osborne Clarke’s Nick Johnson in the chair, this one day C&I intensive will be going live on 11 March 2009. Updated to reflect new “unfair commercial practices” legislation, the…
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Ireland gets tough on digital marketers
Written Osborne Clarke on 03 Mar 2009
In the EU, it’s the opt in/opt out rules of the country of destination that apply to marketing by email or text. E-marketers should note, therefore, that Ireland has recently…
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Good riddance to small print?
Written Osborne Clarke on 03 Mar 2009
Following on from last month’s draft Code of Practice for Privacy Notices, ICO has now launched the “BIG PRINT small print” campaign, with a view to ending the practice of…
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First step to a fair dismissal
Written Osborne Clarke on 03 Mar 2009
The Employment Appeal Tribunal has held in Zimmer v Brezan that a “Step 1 letter” must inform an employee of any risk of dismissal and the reason why. Where this…
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First Olympics, now Commonwealth Games association right
Written Osborne Clarke on 03 Mar 2009
When in 2007 Glasgow won the right to stage the Commonwealth Games due in summer 2014, it was a condition of its victory that it sought statutory protection for the…
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Does German direct marketing industry face meltdown?
Written Osborne Clarke on 03 Mar 2009
For years German direct marketers have enjoyed the “List Privilege”, allowing businesses to use certain customer data without their prior consent. But restrictions apply and these have been abused, leading…
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