1st June 2009 | marketinglaw

US trade mark verdict warning

Written Osborne Clarke on 01 Jun 2009

Brand owners looking to register their trade marks in the US must show “bona fide intention to use in the US”. A recent US Trademark Office decision shows this is…
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Retail banking faces new regime

Written Osborne Clarke on 01 Jun 2009

From November 2009, banks’ and building societies’ day to day relationships with their customers will be governed by new FSA rules. Additional compulsory disclosures in promotional material loom and more,…
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New ad rules in the pipeline

Written Osborne Clarke on 01 Jun 2009

The Committee of Advertising Practice, which writes the ASA-administered advertising codes, is currently consulting on extensive code changes after a root and branch review. Stephen Groom focuses on the brand…
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Law laid down on promotion of phone services on networking sites

Written by Anna Williams on 01 Jun 2009

Social networking sites are increasingly used to promote phone-paid services. Premium rate line regulator PhonepayPlus has published “points on compliance” to address concerns over transparency, misleading advertising and data abuse.…
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Hotpoint “save up to 50% energy” claim hits “don’t recycle” bin

Written Osborne Clarke on 01 Jun 2009

A footnote to a press ad for the Quadrio “revolutionary four door fridge freezer,” explained the basis of the ad’s environmental headline. But did this qualify or contradict the claim?…
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Hidden boost for adland in EU music rights vote

Written Osborne Clarke on 01 Jun 2009

In a landmark vote, Euro MPs recently approved a European Commission proposal to extend the term of copyright protection for sound recordings from 50 to 70 years. Relevant to adland?…
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FTC mulls word of mouth and blog marketing guidelines

Written Osborne Clarke on 01 Jun 2009

Following a debacle over payola online positive product reviews involving IT peripherals maker Belkin, the US is considering imposing tight viral/blog marketing controls. Andy James reports from Osborne Clarke’s Silicon…
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Euro trade mark fees slashed

Written Osborne Clarke on 01 Jun 2009

Faced with an embarrassing mountain of accumulated registration fees it is not sure how to spend, the EU’s “OHIM” office that handles registration of Community Trade Marks has announced a…
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English High Court sends flowers to the ECJ

Written Osborne Clarke on 01 Jun 2009

Mr. Justice Arnold has pronounced in Chancery on the latest round of the global battle between brand owners and advertisers over use of competitors’ registered trade marks as key words…
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Digital billboard battle

Written Osborne Clarke on 01 Jun 2009

The High Court has thrown out a legal challenge by Clear Channel UK Limited who contested a planning authority notice to remove a digital advertising display structure. Will Gay and…
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Asda defends ‘No hidden nasties’ in court

Written Osborne Clarke on 01 Jun 2009

Aspartame maker Ajinomoto sued for malicious falsehood over Asda’s catchphrase for its 2007 campaign to remove all artificial colours, flavours or flavour enhancers and hydrogenated fat from its own label…
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ASA nixes Shifty “stitch-up” viral campaign

Written Osborne Clarke on 01 Jun 2009

In a case which generated unexpected but probably not too unwelcome publicity, film distributor Metrodome came under the regulatory cosh for encouraging visitors to its site promoting movie “Shifty” to…
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Claire Bouchenard

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