Marketinglaw Update | March 2017

Welcome to your March 2017 update from It’s a busy time in the world of advertising and marketing law, with developments coming thick and fast. Amongst other things, we report this month on a key CJEU comparative advertising case, an interesting UK AdWords/trade mark infringement judgment and new Dutch guidance on blogger/vlogger transparency. We also look at how the proposed new ePrivacy Regulation may impact marketing and advertising.

I hope you find it interesting. If you would like to discuss any of the content in this update, please contact me or the author of the relevant story.

Latest News

Media & IP [FR] Unauthorised use in France of the Olympic Rings for advertising and commercial purposes The French Courts ruled in favour of the French National Olympic and Sports Committee in a case relating to the infringing use of the well-known Olympic Rings symbol. Julie Inglada reports at

Advertising Regulation [EU] Is price-based comparative advertising as between shops with different formats and sizes misleading? In Carrefour Hypermarchés SAS v ITM Alimentaire International SASU (Case C-562/15), the CJEU ruled on 8 February 2017 that a TV advertisement comparing pricing between shops of different formats and sizes may be unlawful, and even misleading, under certain circumstances. Chloé Dumoulin-Richet reports at

Advertising Regulation [DE] Transposition of EU directive leads to ban of teleshopping Due to the latest amendment of Section 8 of the “Act on Advertising in the Field of Health” [Heilmittelwerbegesetz – HWG] teleshopping for pharmaceutical devices is now prohibited.The ban also applies to medical, dental and veterinary services. Jan Hellenbrand reports at

Advertising Regulation [NL] The blurry line between a vlog and an advertisement The Dutch Advertising Code Authority (Stichting Reclame Code or RCC) issued guidance on the applicability of advertising rules to blogs and vlogs. Jeroen Lub and Marleen Huisman report at

Advertising Regulation [IT] Italian court rules oral hygiene chewing gum ads misleading The Regional Administrative Court of Lazio declared lawful the 2013 decision of the Competition Authority on the misleading nature of various chewing gum ads. Marialaura Boni and Riccardo Gaiani report at

Advertising Regulation [UK] Phone-paid Services Authority helps clarify ‘service’ v ‘marketing’ messages Do SMS messages sent to request confirmation of an order for premium rate number services constitute marketing? The Phone-paid Services Authority considered this point with the Information Commissioner’s Office. Thomas Spanyol reports the PSA guidance at

Advertising Regulation [EU] European Commission marketing law review expected Q2 2017 The results of the European Commission’s REFIT Fitness Check are expected soon…Chloe Deng reports at

Advertising Regulation [UK] CAP issues new rule on the advertising of electronic cigarettes On 1 February 2017, CAP announced the creation of a new rule in the CAP Code which prohibits the advertising of unlicensed, nicotine-containing electronic cigarettes in some non-broadcast media. Rachael Oakley reports at

Media & IP [UK] Does the use of Google AdWords or AdSense raise the risk of trade mark infringement or passing off claims for brands?  The High Court rejected Argos’s trade mark infringement claims against Argos Systems Inc’s use of with Google AdSense. Anna Williams investigates the extent to which Google AdWords or AdSense can give rise to trade mark or passing off risks at

Data & Privacy [UK] BT Introduce a Free Service to Help Block Automated Marketing Calls How will new technology sending “nuisance” calls direct to a junk voicemail folder impact on telephone marketers? George Garrard reports at

Advertising Regulation [UK] CAP note on weight loss claims CAP guidance on weight loss food ads. CAP has once more issued guidance for advertisers in the food sector on how to ensure weight loss claims are responsible and compliant. Stefania Grosso reports at

Advertising Regulation [UK] CAP issues new guidance on envelopes If you thought direct mail could be send in a plain envelope, think again! Ben Dunham reports at

Advertising Regulation [UK] ASA action on pay-per-bid auction websites Multiple pay-per-bid auction sites found to breach advertising regulations after ASA launched an investigation into the sector. Daisy Jones reports at

Data & Privacy [EU] Key marketing law impacts of the draft ePrivacy Regulation Previously published in Digital Business Lawyer, analysis of the proposed legislation from OC’s Nick Johnson

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