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Why AJ Odudu’s Alpro Tweet Was An Ad: ASA Ruling

The TV presenter AJ Odudu entered into a contract with Alpro under which Ms Odudu was paid to help launch Alpro Go On including publishing a specified number of social media posts. The ASA received a complaint about the following tweet by Ms Odudu challenging whether it was obviously identifiable as a marketing communication: “FAVE …   Read more

Privacy Shield: a new trans-Atlantic data transfer framework

On 12 July 2016 the European Commission gave the go ahead to a new framework for transferring personal data to the US. This new Privacy Shield framework replaces the now obsolete Safe Harbor regime, and aims to provide enhanced protection for the privacy rights of EU citizens in light of concerns about intrusive surveillance by …   Read more

CMA takes action to prevent misleading online practices

The Competition and Markets Authority (CMA) has secured undertakings from Social Chain Ltd, a Manchester social agency, and Woolovers Ltd, a knitwear retailer, following investigations into the use of online endorsements and reviews. Social Chain – online endorsements Social Chain claims to be Europe’s largest influencer agency. Between March and July 2015, 19 marketing campaigns …   Read more

Unauthorised use of trade marks by independent dealer: BMW v Technosport London Ltd

BMW successfully brought a claim against an independent car repair garage, Technosport London Ltd, which had been using BMW’s trade marks to advertise its services. The court also found the sole director of Technosport jointly liable for infringement. The court examined the circumstances in which a third party, who had no contractual relationship with the …   Read more

Interim judgment in UB40 band name dispute: Campbell v Campbell

Earlier this year, ex-UB40 frontman Ali Campbell, and two other former members of the band, made an application for summary judgment and/or to strike out a passing off claim made against them by other members of the band. In a judgment that has recently been made available the High Court rejected the application, meaning that …   Read more

The repeal of Section 52: artistic works and incidental inclusion

Two difficult areas of copyright law are about to become highly relevant for photographers and image libraries: The incidental inclusion exception, and What constitutes an artistic work?  The reason for this is that Section 52 of the Copyright, Designs and Patents Act 1988 (“CDPA”) is being repealed with effect from 28 July 2016. Section 52 …   Read more

Who gets copyright in other countries, photographer or client? (Update)

30 years ago UK photographers were at a disadvantage compared to other creative suppliers such as illustrators or composers. Copyright in a photographer’s work automatically belonged to the client unless otherwise agreed. Thanks to lobbying by the Association of Photographers and others this was reversed in 1988. Since then, copyright in commissioned photographs has belonged …   Read more

‘Celebrity threesome’ injunction upheld: PJS v News Group Newspapers Ltd

The Supreme Court has upheld an injunction preventing the identification of a celebrity, known in court as PJS, in respect of an extramarital relationship. Background Earlier this year The Sun on Sunday, published by News Group Newspapers, was approached by a couple who told reporters that they had had a relationship with PJS. The paper …   Read more