Each month we publish a digest of the legal and regulatory developments that we think are most likely to be of interest to in-house lawyers dealing with advertising and brands. We include a brief summary of the topic and a link to the original and official source, or the full text of the item.
This month, on the 'advertising' side, we cover the government consultation on further HFSS ad restrictions on TV and online; the new Committee of Advertising Practice (CAP) rules for naming of prize-winners and consent for marketing to children under 13; the confirmation from CAP about the continued applicability of Code rules post-Brexit; the letter from Phillip Hammond, the Chancellor of the Exchequer to the Competition and Markets Authority requesting a market study on digital advertising; and the Advertising Standards Authority (ASA) ruling on Sky Bet of 13th March 2019, which said that an emphasis on sporting knowledge encouraged irresponsible gambling by over-stating the impact this could have upon chances of success.
"But wait, there's more!" On the 'brands' side, we've covered 4 developments: the Intellectual Property Office (IPO) Guidance on trade marks in a no deal Brexit scenario (which is now hopefully a matter of academic interest only....); the High Court decision that a company name incorporating a trade mark amounted to both infringement and passing off; the failure of the oppositions to “Game of Vapes” and “Game of Stones” marks at UK IPO based upon “Game of Thrones” European Union Trademarks; and finally the adoption at first reading by the European Parliament of the Regulation on Labelling of Spirit Drinks.
Follow the link to go to the full digest and let's know what you think.
Welcome to the April 2019 issue of our monthly Ads & Brands Law Digest, which I hope will be of interest and use to you.