Archive for the 'advertising' Category

Regina (Albert Court Residents Association and others) v Westminster City Council – WLR Daily

Regina (Albert Court Residents Association and others) v Westminster City Council [2011] EWCA Civ 430; [2011] WLR (D) 134

“Once the conditions set out in section 35(1) of the Licensing Act 2003 were satisfied, in the absence of any relevant representation, the applicant for the variation of a premises licence was entitled to the variation and it would be contrary to that entitlement for it to be undermined by a failure of the licensing authority to carry out a notification process not provided for by the Act.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Digital music player ads must not encourage copying, rules ad regulator – OUT-LAW.com

“A company must change the way it advertises its digital music player because the ads encourage people to copy music in a way that breached copyright law, the advertising industry regulator has said.”

Full story

OUT-LAW.com, 31st March 2011

Source: www.out-law.com

Brothers jailed over Lapland New Forest park – BBC News

“Two brothers have been jailed for misleading thousands of customers at a Lapland-themed park on the Hampshire and Dorset border.”

Full story

BBC News, 18th March 2011

Source: www.bbc.co.uk

ISPs must advertise average broadband speeds, not ‘up to’ speeds, says Ofcom – OUT-LAW.com

“ISPs should be forced to advertise the typical speeds available on internet access packages and not the theoretical maximum currently advertised, telecoms regulator Ofcom has said. They should also not be allowed to cap ‘unlimited’ services.”

Full story

OUT-LAW.com, 2nd March 2011

Source: www.out-law.com

Advertising watchdog to monitor website words – BBC News

“How companies talk about themselves on Twitter feeds or Facebook profiles is to be policed like adverts.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

OFT warns misleading ‘money advice’ firm

“The OFT has ordered Money Advice Direct Limited (MADL), a firm that introduces struggling borrowers to debt management companies, to stop using misleading advertising that presents it as a source of free help.”

Full story

The Guardian, 22nd February 2011

Source: www.guardian.co.uk

Brothers guilty of Lapland con – The Independent

“Two brothers were convicted today of misleading thousands of customers into visiting a what they claimed was a Lapland-style theme park.”

Full story

The Independent, 18th February 2011

Source: www.independent.co.uk

Product placement must be signalled by ‘P’ logo, says Ofcom – OUT-LAW.com

“Broadcasters must show a ‘P’ logo for three seconds at the start and end of television programmes that contain product placement, regulator Ofcom has said.”

Full story

OUT-LAW.com, 15th February 2011

Source: www.out-law.com

New powers to vet online adverts – BBC News

“People who use the internet are about to get a new opportunity to complain about company websites.”

Full story

BBC News, 11th February 2011

Source: www.bbc.co.uk

Opium perfume ad banned over ‘simulated drug use’ – The Guardian

“An ad for Yves Saint Laurent’s Opium perfume that featured a woman who appeared to be under the influence of drugs has been banned by the advertising watchdog.”

Full story

The Guardian, 2nd February 2011

Source: www.guardian.co.uk

Twitter endorsements face OFT clampdown – The Guardian

“Watchdog says online companies who did not disclose paid-for promotions by celebrities and bloggers were deceptive.”

Full story

The Guardian, 9th January 2011

Source: www.guardian.co.uk

Clampdown on claims marketing – Ministry of Justice

“Firms that offer cash incentives to attract people to make compensation claims through them – including for personal injuries – will be stopped under new proposals.”

Full press release

Ministry of Justice, 6th January 2011

Source: www.justice.gov.uk

Ofcom confirms product placement on UK TV – The Guardian

“Media regulator confirms new rules will form part of broadcasting code from end of February.”

Full story

The Guardian, 20th December 2010

Source: www.guardian.co.uk

Blog network promises to label promotional content after OFT investigation – OUT-LAW.com

“Consumer protection watchdog the Office of Fair Trading (OFT) has forced a network of bloggers to make it clear when companies are paying it for coverage. The OFT investigated Handpicked Media under consumer protection laws.”

Full story

OUT-LAW.com, 14th December 2010

Source: www.out-law.com

Georgia Jagger’s advert for Rimmel mascara is banned – Daily Telegraph

“An advert for Rimmel mascara featuring the model Georgia May Jagger has been banned by a watchdog for failing to make its use of false eyelashes clear to consumers.”

Full story

Daily Telegraph, 24th November 2010

Source: www.telegraph.co.uk

UK lawyers start to take TV advertising seriously – The Guardian

“Law firms are trying to build brand identity because there is business worth £15bn out there – and possibly more.”

Full story

The Guardian, 23rd November 2010

Source: www.guardian.co.uk

Peta’s use of nude models fuels row with UK film-maker – The Guardian

“The use of naked models and actresses to highlight animal cruelty is at the heart of a dispute between high-profile activists that could end in court.”

Full story

The Guardian, 24th October 2010

Source: www.guardian.co.uk

Do ‘no win, no fee’ personal injury ads go too far? – The Guardian

“Do advertisements for ‘no win, no fee’ personal injury (PI) services need curbing? They may not exactly be what John Logie Baird had in mind when he first transmitted moving images, but tackiness should not on its own be enough to shut down a route to injured people gaining access to justice. Nor to close off a lucrative source of income for the cash-strapped advertising industry.”

Full story

The Guardian, 12th October 2010

Source: www.guardian.co.uk

Debt management firms warned of closure by OFT – The Guardian

“More than 100 companies could lose their licence unless they comply with OFT rules after the watchdog discovered misleading advertising and poor advice were rife.”

Full story

The Guardian, 28th September 2010

Source: www.guardian.co.uk

Brand owner’s permission not required to offer its products as prizes, rules ASA – OUT-LAW.com

“The makers of Bodyform sanitary protection products did not need the permission of fashion house Stella McCartney Ltd to advertise its garments as prizes in a competition, the advertising regulator has said.”

Full story

OUT-LAW.com, 15th September 2010

Source: www.out-law.com

Pregnant nun ice cream advert banned for ‘mockery’ – BBC News

“An ice cream company banned from using an advert displaying a pregnant nun has vowed to position similar posters in London in time for the Pope’s visit.”

Full story

BBCNews, 15th September 2010

Source: www.bbc.co.uk

Stansted posters banned for misleading train journey times – The Guardian

“Posters for the Stansted Express were banned for wrongly implying that the train would take passengers to central London in 35 minutes, a watchdog said today.”

Full story

The Guardian, 8th September 2010

Source: www.guardian.co.uk

Advertising Standards Authority gets online power – BBC News

“The Advertising Standards Authority (ASA) is extending its remit to cover the online realm.”

Full story

BBC News, 1st September 2010

Source: www.bbc.co.uk

Advertising Standards Authority bans animal charity ad – BBC News

“An advert for an animal charity working in Afghanistan has been banned by the Advertising Standards Authority. It ruled the Society for the Protection of Animals Abroad’s advert was ‘likely to mislead’ for suggesting donations ultimately benefited British troops.”

Full story

BBC News, 18th August 2010

Source: www.bbc.co.uk

Micro pig farm gets ad ban for pet that’s not so wee wee wee – The Guardian

“Cambridgeshire-based breeder made false claims its pigs would remain pint-sized, ASA rules.”

Full story

The Guardian, 18th August 2010

Source: www.guardian.co.uk

ASA watchdog bans ‘offensive’ anti-terror hotline radio advert – The Guardian

“Britain’s eccentrics, recluses and misanthropes, you can relax. Ignoring neighbours and keeping your curtains permanently shut to the world outside might not win you many friends, but you’re no longer likely to be denounced as a possible terrorist.”

Full story

The Guardian, 11th August 2010

Source: www.guardian.co.uk

ASA clears Marie Stopes TV ad – The Guardian

“The advertising watchdog has cleared the first British television advert to offer advice on abortion services, despite almost 5,000 complaints.”

Full story

The Guardian, 4th August 2010

Source: www.guardian.co.uk

Google to allow trade marks as keywords across Europe – OUT-LAW.com

“Google will let companies use competitors’ trade marks as keywords to trigger search adverts in all European countries for the first time. The move will test the interpretation of a number of EU and national court rulings on the controversial practice.”

Full story

OUT-LAW.com, 4th August 2010

Source: www.out-law.com

Adverts for strippers ‘to be banned from Jobcentres’ – BBC News

“A ban on using Jobcentres to advertise for strippers and lapdancers is expected to be announced this week.”

Full story

BBC News, 1st August 2010

Source: www.bbc.co.uk

Paddy Power’s blind footballers ruled onside by ASA – The Guardian

“With a team of blind footballers who kick a cat into a tree, it seemed to have something to offend everybody. But one of the most complained-about adverts of all time was cleared today by the advertising watchdog.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

EasyJet founder wins Ryanair libel payout – The Independent

“EasyJet founder Sir Stelios Haji-Ioannou accepted undisclosed libel damages today over Ryanair advertisements which accused him of lying.”

Full story

The Independent, 15th July 2010

Source: www.independent.co.uk

Ryanair guilty of misleading ads – The Independent

“Ryanair has been reprimanded for misleading customers with low-fare offers.”

Full story

The Independent, 14th July 2010

Source: www.independent.co.uk

ASA bans Mafia Wars Facebook ad – The Guardian

“An ad that ran on Facebook promoting the online game Mafia Wars, which featured a photo of a sinister, hooded man holding a large knife, has been banned by the advertising watchdog.”

Full story

The Guardian, 14th July 2010

Source: www.guardian.co.uk

‘Shocking’ London Dungeon ad banned – The Guardian

“A digital poster for the London Dungeon featuring the sudden transformation of Queen Mary into a zombie-like character has been banned by the advertising watchdog watchdog for scaring children.”

Full story

The Guardian, 14th July 2010

Source: www.guardian.co.uk

Behavioural advertising is fair if users can opt out, says privacy watchdog – OUT-LAW.com

“There is nothing ‘intrinsically unfair’ about behavioural advertising but website operators should offer visitors the option of using their services without any activity being recorded, privacy watchdog the Information Commissioner has said.”

Full story

OUT-LAW.com, 7th July 2010

Source: www.out-law.com

Web-savvy lawyers stand to gain online – The Guardian

“Many solicitors have websites, but few are really capitalising on the web’s reach to attract, and keep, clients.”

Full story

The Guardian, 29th June 2010

Source: www.guardian.co.uk

ASA examines viewing patterns in video-on-demand adjudication – OUT-LAW.com

“Regulator the Advertising Standards Authority (ASA) has said that an ad which might have been unsuitable for children could be shown in an on-demand showing of a family programme because few children watched the show.”

Full story

OUT-LAW.com, 24th June 2010

Source: www.out-law.com

Ad watchdog clears Costa over Starbucks comparison – OUT-LAW.com

“Costa Coffee was entitled to make a claim that Starbucks drinkers preferred its coffee based on the results of a survey it carried out, regulator the Advertising Standards Authority (ASA) has ruled.”

Full story

OUT-LAW.com, 17th June 2010

Source: www.out-law.com

Ofcom will take over regulation of all participation TV – OUT-LAW.com

“Media and telecoms regulator Ofcom will take over the regulation of televised gambling, message board and dating services which earn revenue through premium rate phone lines from September.”

Full story

OUT-LAW.com, 11th June 2010

Source: www.out-law.com

First UK ad for abortion services draws 350 complaints – The Guardian

“ASA to assess criticism of TV campaign for sexual health charity Marie Stopes.”

Full story

The Guardian, 28th May 2010

Source: www.guardian.co.uk

L’Oréal SA and others v Bellure NV and others – WLR Daily

L’Oréal SA and others v Bellure NV and others [2010] EWCA Civ 535; [2010] WLR (D) 134

“The effect of the ruling of the Court of Justice of the European in L’Oréal SA v Bellure NVs (Case C-487/07) [2010] Bus LR 303 was that the use of comparative lists, whereby traders of smell-alike perfume products cited, for marketing purposes, the products in the market to which their own products smelt similar, was unlawful.”

WLR Daily, 24th May 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

On-demand ads must be controlled, says regulator – OUT-LAW.com

“Advertisers and broadcasters must make sure that viewing of their adverts is as controlled on video-on-demand (VOD) services as it is when traditionally broadcast, advertising regulator the Advertising Standards Authority (ASA) has said.”

Full story

OUT-LAW.com, 20th May 2010

Source: www.out-law.com

ASA to investigate ‘offensive’ Paddy Power football TV ad – The Guardian

“The advertising regulator has received more than 400 complaints about an ad which shows sight-impaired footballers mistakenly kicking a cat.”

Full story

The Guardian, 11th May 2010

Source: www.guardian.co.uk

Marmite launches legal action against BNP – The Independent

“Marmite is beginning legal action against the British National Party after an image of a Marmite jar was used on a political broadcast without its permission, the company said today.”

Full story

The Independent, 22nd April 2010

Source: www.independent.co.uk

Digital radio ad banned for giving wrong signals – The Guardian

“ASA censures campaign for misleadingly implying that, unlike analogue, there would never be interruptions in digital signal.”

Full story

The Guardian, 31st March 2010

Source: www.guardian.co.uk

Watchdog confirms ban on ‘misleading’ policing ad – The Guardian

“ASA raps Home Office campaign backing Labour policy pledge on time that police officers would spend on the beat.”

Full story

The Guardian, 31st March 2010

Source: www.guardian.co.uk

‘Misleading’ policing advert banned by watchdog – The Guardian

“A Home Office advertising campaign that highlights one of Labour’s  key election policies on crime and policing is to be banned by the advertising industry watchdog, the Guardian has learned. The Advertising Standards Authority has told the Home Office that its television adverts highlighting the government’s ‘policing pledge’ that neighbourhood officers can now be expected to spend 80% of their time on the beat is to be banned with immediate effect.”

Full story

The Guardian, 25th March 2010

Source: www.guardian.co.uk

Bingo website ad banned for presenting negative racial stereotype – The Guardian

“The advertising watchdog has banned a TV commercial for a gambling website for portraying black people as less intelligent than white people and presenting a negative racial stereotype.”

Full story

The Guardian, 17th March 2010

Source: www.guardian.co.uk

Government to continue climate change ads despite criticism from watchdog – The Guardian

“Department stands by climate change campaign as ASA bans press adverts that ‘should have been phrased more tentatively’.”

Full story

The Guardian, 17th March 2010

Source: www.guardian.co.uk

ASA to take over Facebook, Twitter regulation – OUT-LAW.com

“Advertising regulator the Advertising Standards Authority (ASA) will take over the regulation of companies’ social networking pages by the end of the year, according to advertising industry proposals.”

Full story

OUT-LAW.com, 8th March 2010

Source: www.out-law.com

‘Healer’ faces prosecution over cancer claims – Daily Telegraph

“A self-proclaimed ‘visionary healer’ who claims to be able to treat illness from a distance is facing prosecution by Trading Standards for suggestions that he can cure cancer.”

Full story

Daily Telegraph, 28th February 2010

Source: www.telegraph.co.uk

Clothing catalogue broke advertising rules over ‘irresponsible’ pictures of children – Daily Telegraph

“The images, from a brochure for the no added sugar Ltd winter collection, breached the advertisers’ code because children could try to copy the images, putting their safety at risk, the Advertising Standards Authority (ASA) ruled.”

Full story

Daily Telegraph, 24th February 2010

Source: www.telegraph.co.uk

Advert for pills that guaranteed ‘sex life of you dreams’ is banned – Daily Telegraph

“An advertisement for tablets that guaranteed ‘the sex life of your dreams’  has been banned after a man complained that it didn’t work and demanded his money back.”

Full story

Daily Telegraph, 11th February 2010

Source: www.telegraph.co.uk

Labour broke privacy rules with elections phone campaign – Daily Telegraph

“Labour breached privacy rules by making unsolicited automated phone calls to almost half a million people without their consent, the Information Commissioner’s Office has ruled.”

Full story

Daily Telegraph, 9th February 2010

Source: www.telegraph.co.uk

Cycling company wrong to suggest Olympian’s endorsement, rules ad watchdog – OUT-LAW.com

“An Olympic medal-winning cyclist has had her objection to being used in a bicycle chain advertisement upheld by advertising regulator the Advertising Standards Authority (ASA).”

Full story

OUT-LAW.com, 4th February 2010

Source: www.out-law.com


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