7th September 2011 | marketinglaw

Supreme Court slams sham consultancy contracts
Written Osborne Clarke on 07 Sep 2011
In the recent case of Autoclenz v Belcher, the court made it clear that if in reality an individual is working as an employee, then no amount of skilfully crafted…
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Scratchcard promo case off to Luxembourg
Written Osborne Clarke on 07 Sep 2011
In the case of OFT vs. Purely Creative, the Court of Appeal has now deferred to the Court of Justice of the European Union on various questions including the precise…
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Ofcom takes action on calling card mis-advertising
Written Osborne Clarke on 07 Sep 2011
Following an investigation into international calling card sales practices generally, Ofcom took enforcement action against ICC seller Nowtel over alleged breaches in its advertising of the Consumer Protection from Unfair…
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New digital remit comes home to roost
Written Osborne Clarke on 07 Sep 2011
It was always going to take a while before the practical impacts became clear of March 2011’s dramatic extension of the CAP Code’s online scope. Now at least two consequences…
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New consumer rights directive soon
Written by Nick Johnson on 07 Sep 2011
Subject to EU Ministers’ sign-off, consumer rights when making purchases online and off line are due for another shake-up courtesy of a new Consumer Rights Directive. As Brussels makes another…
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Lush security breach lessons for online credit payments
Written by Anna Williams on 07 Sep 2011
Following payment details of 5,000 of the soap retailer’s online customers being at risk after a security breach, ICO has issued a release asking for online retailers to take special…
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FSA consults on use of “guaranteed” etc
Written Osborne Clarke on 07 Sep 2011
Prospective purchasers of financial services will often be swayed by terms such as “guaranteed” “protected” or “secure” in financial promotions. But regulator the FSA is concerned about abuse of these…
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First High Court verdict on meaning of “opted-in”
Written Osborne Clarke on 07 Sep 2011
Playup interactive gaming paid £1m for various sponsor benefits linked to the PFA’s “Player of the Month” etc awards. “Targeted marketing opportunities” for PlayUp included email and SMS to be…
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Did online news service breach news copyright?
Written Osborne Clarke on 07 Sep 2011
The Court of Appeal has reached a verdict in a dispute over digital news services involving the Newspaper Licensing Agency and the Public Relations Consultants Association as well as the…
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Did mass-mailing to 6000 nurses breach database right?
Written Osborne Clarke on 07 Sep 2011
For most mailing lists, qualifying for “database right” has been the best hope of protection from unauthorised use ever since copyright for lists was largely abolished. A recent case illustrates…
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Did frozen veg contain 30% more vitamins than fresh?
Written Osborne Clarke on 07 Sep 2011
Five complaints were made to the ASA over Birds Eye claims in posters and national pres that their frozen veg contained more vitamins than the fresh variety. Boots defended their…
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Boots win “Ultra” skincare fight
Written Osborne Clarke on 07 Sep 2011
When Boots launched its “Skin Clear Ultra” range in 2009, Reckitt & Benckiser (Clearasil) accused the retailer of seeking to create an association with the Clearasil Ultra sub brand. Two…
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