Publicité et marketing

eAlerts Récentes

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  22.11.2023

  Europe

  Another grilling: General Court goes against HALLOUMI and strikes down appeal in GRILLOUMI opposition

  IntroductionTwo years ago, we commented on the difficulties that Cypriot cheesemakers faced when attempting to oppose the registration of a figurative mark containing the word BBQLOUMI, relying on EU collective trade mark registrations for HALLOUMI – see here. That opposition was rejected on the grounds that the ‘Halloumi’ mark had low distinctive character and was seen as being descriptive, meaning it was not sufficient to give rise to a likelihood of confusion. Notably, that ruling confirmed that EU collective marks were subject to the same basic requirements of distinctiveness...

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  17.11.2023

  United Kingdom

  Proposed legislation would radically expand the UK’s class action regime

  15 November 2023 saw publication of two proposed amendments to the Digital Markets, Competition and Consumers Bill that would have significant impacts on the UK’s class action regime:First, a proposed amendment, introduced by Sir Robert Buckland, to expand the jurisdiction of the UK Competition Appeal Tribunal (the “CAT”) to consumer class actions (the “Buckland Amendment”).  At present, the CAT only has jurisdiction for competition class actions.Second, a proposal to reverse the effect of the Supreme Court’s decision in PACCAR, in relation to damages claims...

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  10.11.2023

  United Kingdom

  Part 1 of our 7-part series on the First Reading version of the Media Bill - levelling the regulatory playing field between video-on-demand and traditional broadcast linear services

  In this article we discuss Part 4 of the Media Bill, “On-Demand Programme Services”, and how it compares to Part 4 of the draft Media Bill published earlier this year.BackgroundWhen the draft Media Bill was first published, we summarised the changes that were proposed in respect of the regulation of on-demand programme services (ODPS) and the impact such changes might have on, for example, ODPS providers, audiences and Ofcom as the regulator. We also discussed the recommendations made by the DCMS Select Committee in their final report on the draft Bill.Now the Media Bill has been updated...

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  10.11.2023

  United Kingdom

  Upheld – ASA consider Gary Neville and Anthony Joshua to be of strong appeal to under-18s

  On 1 October 2022, a new gambling advertising rule was introduced (a summary of which can be read here) which strengthened the obligations on gambling operators to ensure the content of their ads is not appealing to under 18s, especially by reflecting or being associated with youth culture. At the time, questions were raised as to what a “strong appeal” really means, but the emergence of a number of rulings since then has provided useful insight into what the Advertising Standards Authority (the “ASA”) is likely to consider falling within scope. The ASA has upheld rulings...

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  09.11.2023

  Europe

  CMS Life Sciences Vital Signs, Winter 2023

  2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed of.In the UK, beginning in January 2024, the UK will roll out a new International Recognition Procedure for medicines approved in trusted jurisdictions. There are also new public procurement rules on the horizon as the Procurement Bill has been progressing through the Houses of Parliament, with the aim to make the UK’s public procurement regime more efficient and transparent.In Europe,...

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  19.10.2023

  United Kingdom

  Boiler manufacturer in hot water with the CMA for overheated green claims

  The CMA has announced a new greenwashing investigation into home boiler manufacturer Worcester Bosch’s marketing practices in relation to its so-called "hydrogen-blend ready" boilers. The CMA has also written to 12 other businesses that sell "hydrogen-blend" boilers to warn them that they could be breaching consumer protection law.In a press release, the CMA said that its investigation will look at marketing practices including the use of:– claims that Worcester Bosch boilers can run on a blend of hydrogen and natural gas. This may give the impression this is a special feature, despite...

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