from the Inner Temple Library
“A landowner who said that an advert depicting a car on his land invaded his privacy has had his claim rejected. The Advertising Standards Authority (ASA) said the land was not an identifiable possession of the man.”
OUT-LAW.com, 29th April 2008
Source: www.out-law.com
“Advertising Watchdog names and shames worst offenders.”
The Guardian, 30th April 2008
Source: www.guardian.co.uk
“MPs are to debate a bill calling for a ban on advertising junk food and drinks to children.”
BBC News, 24th April 2008
Source: www.bbc.co.uk
“A press advertisement that linked online betting with increased sexual prowess has become one of the first to breach new tighter gambling codes.”
BBC News, 23rd April 2008
Source: www.bbc.co.uk
“The government has refused to investigate BT’s covert wiretapping of thousands of its customers in 2006 and 2007, despite its own expert’s view that without consent Phorm’s advertising targeting technology is a breach of criminal law.”
The Register, 17th April 2008
Source: www.theregister.co.uk
“Food giant Heinz has been cleared by the Advertising Standards Authority (ASA) of misleading the public over its Farmers’ Market soup range.”
BBC News, 26th March 2008
Source: www.bbc.co.uk
Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport
House of Lords
“The prohibition on political advertising in broadcast media was necessary in a democratic society and not incompatible with the freedom of expression guaranteed by article 10 of the European Convention on Human Rights. “
The Times, 17th March 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The prohibition in ss 319 and 321 of the Communications Act 2003 on political advertising was compatible with art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as being necessary in a democratic society.”
WLR Daily, 12th March 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A Home Office official has made public the contents of an internal analysis for the Home Office dealing with the question of whether Phorm’s model for targeted advertising is legal under interception of communications legislation.”
The Guardian, 12th March 2008
Source: www.guardian.co.uk
“Privacy watchdog the Information Commissioner is investigating advertising technology company Phorm over a deal it has cut with the UK’s top internet service providers.”
OUT-LAW.com, 11th March 2008
Source: www.out-law.com
“Parents of a heroin addict are to take legal action against the British National Party (BNP) for using a picture of their dead daughter.”
BBC News, 10th March 2008
Source: www.bbc.co.uk
“Yahoo! did not infringe a businessman’s rights by displaying adverts for other companies when users entered his trade marks as search terms. The High Court dismissed a lawsuit against the web giant as being ‘totally without merit.’”
OUT-LAW.com, 6th March 2008
Source: www.out-law.com
“Web users are up in arms over what they see as an invasion of privacy by a company that will track surfing patterns to serve targeted ads.”
The Guardian, 6th March 2008
Source: www.guardian.co.uk
“The Government has denied that the term ‘buy one get one free’ is under threat from new legislation, despite a major retail industry body warning that it was about to be outlawed.”
OUT-LAW.com, 5th March 2008
Source: www.out-law.com
Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health; WLR (D) 68
“The reference to ‘products’ in art 18 of the Commission Directive 2006/141/EC on Infant Formulae and Follow-on Formulae was not limited to the compositional elements of the formulae but also covered packaging and labelling, with the result that the prohibition on trade in products which did not comply with the Directive was to have effect from 31 December 2009.”
WLR Daily, 3rd March 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Gambling and betting companies are abiding by new liberalised rules that have allowed them to advertise on TV for the first time, according to the first compliance report published by the advertising regulator. The Advertising Standards Authority said the compliance report’s findings vindicated its system of self-regulation for gambling ads.”
The Guardian, 21st February 2008
Source: www.guardian.co.uk
“An adviser to the Europe’s highest court recommended it reject a complaint by British phone company O2 against a rival that used its bubbles logo in a television advertising campaign.”
The Times, 31st Janaury 2008
Source: www.timesonline.co.uk
“Ministers are threatening to change the law to stop supermarkets advertising beer and wine at bargain prices in a bid to tackle the epidemic of binge drinking sweeping Britain.”
Daily Telegraph, 17th January 2008
Source: www.telegraph.co.uk
“A leaflet produced for a fashion and home catalogue has been criticised by the advertising watchdog for encouraging women to get into debt.”
BBC News, 9th January 2008
Source: www.bbc.co.uk
“The Financial Services Authority came under fire yesterday after refusing to name 19 firms that were preying on consumers with misleading online advertising.”
The Times, 29th November 2007
Source: www.timesonline.co.uk
“Renault has withdrawn an ad over fears that its use of the term ‘the N-word’ could cause offence.”
The Independent, 23rd November 2007
Source: www.independent.co.uk
Kommunikationsbehörde Austria v Österreichischer Rundfunk
“The offer by a TV broadcaster to viewers to participate in a prize game by immediately dialling a premium rate telephone could constitute ‘teleshopping’ and ‘television advertising’ within Directive 89/552.”
WLR Daily, 22nd October 2007
Source: www.lawreports.co.uk
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Information Commissioner will no longer regulate the use of Bluetooth mobile technology, prompting fears of a wave of ‘bluetooth spam.’ “
Out-Law.com, 8th October 2007
Source; www.out-law.com
“A clampdown on fake and exaggerated ‘green’ claims has been launched by Britain’s advertising watchdog after a flurry of complaints about unsubstantiated environmental boasts by some of the world’s best-known companies.”
The Times, 8th October 2007
Source: www.timesonline.co.uk
“A Childline leaflet referring to child abuse broke advertising rules by failing to make clear it was marketing material, a watchdog has ruled.”
BBC News, 12th September 2007
Source: www.bbc.co.uk
“The world’s 500 biggest companies have all fallen victim to typosquatting. OUT-LAW research has found that the fast-growing trend of making ad money from web domains similar to famous brands affects all the world’s biggest firms.”
OUT-LAW.com, 29th August 2007
Source: www.out-law.com
“Online gambling companies based outside of the European Economic Area are to be banned from advertising in the UK. The Gambling Act will be used to bar the advertising of over 1,000 websites.”
OUT-LAW.com, 9th august 2007
Source: www.out-law.com
“The government’s central advertising body, the Central Office of Information, has reportedly tightened up its web advertising guidelines following last week’s row over major brands advertising alongside contentious content on Facebook.”
The Guardian, 6th August 2007
Source: www.guardian.co.uk
“Some of the world’s leading food manufacturers have begun marketing to children on social networking websites and internet chat programs.”
The Guardian, 31st July 2007
Source: www.guardian.co.uk
“Google, the world’s most popular internet search engine, is being taken to court for allegedly deceiving millions of users over links that are paid for by its advertisers. In the first legal action of its kind, Australia’s competition watchdog is seeking an injunction to stop Google from displaying search results that did not ‘expressly distinguish’ advertisements.”
The Times, 13th July 2007
Source: www.timesonline.co.uk
“The new boss of the advertising watchdog has said bogus web adverts and websites need better regulation and conceded that current rules are not far-reaching enough.”
OUT-LAW.com, 3rd July 2007
Source: www.out-law.com
Comparative advertisements must not be misleading
Boehringer Ingelheim Ltd and Others v Vetplus Ltd
Court of Appeal
“No interim injunction would issue to inhibit comparative advertising, whereby one trader promoted his goods over those of a rival, unless the claimant could show the advertising was misleading and he would probably win a permanent injunction at trial.”
The Times, 27th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only availble free on Times Online for 21 days from the date of publication.
“Businesses will find it harder to protect brands from the negative effects of comparative advertising – in which one company promotes its products by drawing comparisons with rivals – after a landmark ruling this week, lawyers have warned.”
The Times, 22nd June 2007
Source: www.timesonline.co.uk
Boehringer Ingelheim Ltd. and ors v. Vetplus Ltd. [2007] EWCA Civ 584
“Where a trader sought to publish in comparative advertising the results of tests of a rival trader’s product, an important issue of freedom of expression was engaged, even though the comparative advertising would be aimed at diverting trade from one trader to another; and therefore the court would not grant an interim injunction to prevent such publication unless the court was satisfied that the applicant would succeed at trial in obtaining a final injunction.”
WLR Daily, 20th June 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The judiciary has come under fresh scrutiny this week after a retiring senior judge’s details appeared prematurely on a mediation website and another continued working until days before his high profile trial for indecent exposure.”
Legal Week, 14th June 2007
Source: www.legalweek.com
