Publicité et marketing

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  •  
    13/03/2024
    England and Wales

    Not Frying So High: EU General Court Rejects “MYBACON” Trade Mark Appeal

    Introduction Food company Myforest Foods Co. sought to register the trade mark “MYBACON” for its plant-based food product. Both the European Union Intellectual Property Office (EUIPO) and the EUIPO’s Board of Appeal rejected its application on the grounds that  the mark is deceptive (Myforest Foods Co. v EUIPO, Case T‑107/23). Determined to press on with its appeal, Myforest brought the case before the EU General Court (GC) but it has been unsuccessful. The EU General Court agreed with the EUIPO that the mark “MYBACON” was likely to mislead the public...
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  •  
    07/03/2024
    England and Wales

    Calvin Klein ad controversy: nudity, empowerment, and untargeted display

    The Advertising Standards Authority (ASA) has partially reversed its controversial ruling on a Calvin Klein ad featuring singer FKA Twigs, prompting questions about censorship, objectification, and the ever-evolving boundaries of advertising.The posters, displayed in April 2023, featured FKA Twigs wearing an unbuttoned shirt revealing part of her breast and buttocks. In January, the ASA banned the ad, citing concerns that it "centred on FKA Twigs' physical features rather than the clothing" and presented her as "a stereotypical sexual object." This decision sparked widespread criticism, including...
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  •  
    24/01/2024
    United Kingdom

    Upheld – ASA Ruling on Buzz Group LTD

    In the latest example of the new strong appeal rules in action, on 3 January 2024 the ASA issued a ruling which was upheld concerning a post on Buzz Group Ltd’s (“Buzz Group”) Facebook page (the “ad”).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...
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  •  
    19/01/2024
    Europe

    Greenwashing: Stricter EU rules on environmental marketing ban misleading and offsetting claims and introduce new information requirements for products, to protect consumers

    On 17 January 2024, the European Parliament voted to adopt the Directive on Empowering Consumers for the Green Transition (the ECGT Directive), which seeks to protect consumers from various misleading marketing practices relating to the environment or sustainability. In particular it bans the use of generic environmental advertising claims like ‘natural’, ‘environmentally friendly’ or ‘biodegradable’ without adequate substantiation, it restricts the use of sustainability labels to those based on official certification schemes or established by public authorities,...
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  •  
    18/01/2024
    United Kingdom

    Mecca Bingo faces criticism over Instagram ad implying gambling boosts self-esteem

    Mecca Bingo has recently found itself in hot water following a complaint about one of its Instagram ads (“the ad”). The Advertising Standards Authority (“ASA”) upheld the complaint, asserting that the ad, featuring celebrity drag queen Baga Chipz, implied that gambling could enhance an individual's self-image or self-esteem.The ad and the issueThe ad in question, seen on 16 August 2023, showcased two images of Baga Chipz side by side, with a clear contrast between the two. The left image depicted a subdued Baga, dressed in plain, dark clothes with no makeup, while the right...
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  •  
    12/01/2024
    Europe

    A new tool in the fight against online infringement

    Online infringements and domain squatting are challenges often faced by businesses and tackling such issues has been made all the more difficult in a post-GDPR world where most publicly available domain name registration information, which was previously available in WHOIS databases, has been redacted for data privacy.Identifying the domain name registrant (i.e. the likely infringer) is an important element of any enforcement strategy, expanding the list of options available to rightsholders and also depriving infringers of the anonymity which might otherwise encourage their activities.ICANN has...
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