Openbrief - an update service from Lupton Fawcett LLP

ASA not sucked in by Electrolux’s advert after Dyson complains

Dyson has successfully complained to the Advertising Standards Authority (ASA) about an Electrolux advert claiming that its vacuum cleaner “surpasses the suction power of the leading upright in the UK by 50%, giving your customers an intense deep clean”. The ASA ruled that the article breached the provisions of the CAP Code, which is the [...]

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Posted: July 14th, 2008 under Competition Law & Regulatory.
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Small markets are still caught by the competition authorities’ radar

The proposed sale by Ineos of its chlorine packaging and distribution business to BOC has been referred to the Competition Commission by the OFT, even though the relevant market is worth less than £10 million per year. Smaller companies should take note that it is not necessarily the size of the market that determines the [...]

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Posted: June 2nd, 2008 under Competition Law & Regulatory.
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2 out of 3 ain’t bad in the advertising world

OK, strictly speaking it’s 6 out of 10 but that sounds less catchy. The Advertising Standards Authority (known as the ASA) has just released its annual report for 2007 featuring the top ten most complained about adverts, in respect of only four of which the complaints were upheld in some way.
On the premise that there’s [...]

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Posted: May 2nd, 2008 under Competition Law & Regulatory.
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Tobacco manufacturers and supermarkets may have to cough up

At the end of April the OFT issued a statement alleging that several tobacco manufacturers and retailers were involved in unlawful pricing practices at the beginning of the century. The parties involved now have the chance to respond and then the OFT will decide if the law has been broken. If so, then the parties [...]

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Posted: May 1st, 2008 under Competition Law & Regulatory.
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Two stripes and you’re out

In a case originating in Holland, the European Court of Justice has paved the way for Adidas to prevent the use of two stripes as decoration on clothing, on the basis of its trade mark consisting of three stripes.
Trade mark law across Europe was harmonised by an EU Directive, and the Dutch court made a [...]

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Posted: April 14th, 2008 under Intellectual Property.
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