“Supermarket pulls TV ad for ‘flat-pack’ bike after experts say brakes and steering would not work properly.”
The Guardian, 23rd July 2009
Source: www.guardian.co.uk
“A tourism campaign depicting the areas of the West Bank, Gaza Strip and Golan Heights as part of Israel has been banned by the advertising watchdog following hundreds of complaints.”
The Guardian, 15th July 2009
Source: www.guardian.co.uk
“Ryanair will change the way it advertises its services after being referred to the Office of Fair Trading (OFT) by advertising regulator the Advertising Standards Agency (ASA).”
OUT-LAW.com, 13th July 2009
Source: www.out-law.com
“A newspaper advertising campaign for ice cream featuring a nun and a priest featuring a young nun and priest about to share a kiss has been banned by the advertising watchdog following complaints that it was offensive to those working in a religious order.”
The Guardian, 1st July 2009
Soure: www.guardian.co.uk
L’Oréal SA and others v Bellure NV and others (Case C-487/07); [2009] WLR (D) 203
“The claimants, producers and marketers of luxury perfumes, were the proprietors in the United Kingdom of well-known trade marks, some in the form of word marks alone, and others being word and figurative marks including a representation of the bottle or packaging for the particular perfume. The defendants, the producer of and two companies which marketed imitations of fine fragrances, offered a range of products some of whose bottles and packaging were generally similar to those of products of the claimants’, although it was common ground that the similarity was unlikely to mislead professionals or the public. The defendant marketing companies provided to their retailers lists which compared the smell of a product of the defendants’ with a product of the claimants’ which was being imitated, in each case identified by reference to the word mark by which the product was known. In trade mark infringement proceedings brought by the claimants, a number of issues arose relating to the interpretation of (i) Council Directive 89/104/EEC on trade marks and (ii) article 3a(1) of Council Directive 84/450/EEC on misleading and comparative advertising as amended by European Parliament and Council Directive 97/55/EC (‘Directive 84/450’), and the Chancery Division of the High Court referred questions thereon to the European Court of Justice for a preliminary ruling.”
WLR Daily, 19th June 2009
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.
“Online supermarket Ocado could not back up price-matching claims made in its adverts, ad regulator the Advertising Standards Authority (ASA) has said. The company has been told not to repeat its claims while operating the current system.”
OUT-LAW.com, 11th June 2009
Source: www.out-law.com
“An advert that appeared in search engine results to promote an IQ test has been banned by the UK’s advertising watchdog for failing to disclose in the text of the ad that participants would be charged to receive their results.”
OUT-LAW.com, 3rd June 2009
Source: www.outlaw.com
“A widely-requested European Court of Justice (ECJ) ruling on keyword advertising may fail to give businesses in the UK and Ireland the legal clarity it would give to the rest of Europe, a High Court judge has warned.”
OUT-LAW.com, 26th May 2009
Source: www.out-law.com
“Chippendales, the male erotic dance troupe, has begun legal action to stop a rival group from using its name to promote a new British tour.”
Daily Telegraph, 25th May 2009
Source: www.telegraph.co.uk
“Price aggregating websites that want to claim that they compare more suppliers than anyone else must conduct research to make sure it is true and must update that research frequently, the advertising regulator has said.”
OUT-LAW.com, 14th May 2009
Source: www.out-law.com
“The Advertising Standards Authority is planning to launch an investigation into banks and building societies which offer accounts that appear to offer good savings rates when in fact they pay little more than zero interest.”
The Observer, 17th May 2009
Source: http://observer.guardian.co.uk/
“Amazon has barred web monitoring advertising system Webwise from accessing its web sites. The online retailer, which is the UK’s second biggest shopping site behind eBay, will not allow the system to monitor people’s use of its site.”
OUT-LAW.com, 16th April 2009
Source: www.out-law.com
“Clothes shop Oasis has lost its bid to gain control of the domain name oasis.co.uk because any behaviour abusive of its trade marks on the site was the result of its own actions, a dispute resolution panel has ruled.”
OUT-LAW.com, 8th April 2009
Source: www.out-law.com
“The Medicines and Healthcare products Regulatory Agency (MHRA) has upheld a complaint over the online advertising of two remedies, Duchy Herbals Echina-Relief Tincture and Duchy Herbals Hyperi-Lift Tincture, which are sold for £10 for 50ml in selected Boots and Waitrose stores.”
Daily Telegraph, 23rd March 2009
Source: www.telegraph.co.uk
“The advertising watchdog will not investigate a controversial campaign for the Christian Party that says ‘there is definitely a God’ despite it becoming one of the four most criticised adverts on record.”
Daily Telegraph, 12th March 2009
Source: www.telegraph.co.uk
“Nightclub adverts aimed at students which linked cheap drinks with sex broke industry rules, a watchdog said.”
BBC News, 11th March 2009
Source: www.bbc.co.uk
“Broadcaster Sky should have made sure its websites could handle the traffic generated by its promotional advertising, and should have made a web offer available on the phone once it ran into problems, the advertising regulator has said.”
OUT-LAW.com, 26th February 2009
Source: www.out-law.com
“Hundreds of complaints over billboard adverts featuring the word ‘sex’ in giant lettering have been upheld by the Advertising Standards Authority (ASA).”
BBC News, 18th February 2009
Source: www.bbc.co.uk
“The Bar Standards Board (BSB) has been forced to issue a warning after a student placed an advertisement in specialist Bar magazine Counsel in a bid to obtain a pupillage.”
Legal Week, 5th February 2009
Source: www.legalweek.com
“The Office of Fair Trading (OFT) is investigating 16 sale-and-rent-back firms amid concerns their advertisements could be misleading homeowners desperate to avoid being repossessed.”
The Guardian, 30th January 2009
Source: www.guardian.co.uk
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