Embed Size (px)
DESCRIPTION
Laura is a Solicitor at Browne Jacobson. She specialises in commercial and intellectual property advice (agreements and disputes) involving the CAP Code and ASA adjudications, copyright, trade marks, designs, patents and domain names. Jude is a Trainee Solicitor at Browne Jacobson and is currently seated in the commercial department, working primarily on advertising and marketing issues, intellectual property licensing and both contentious and non-contentious commercial contract work. At our eighth annual Brands Advertising and Marketing Event, Laura and Jude's joint session covered an update on regulating non-traditional advertising. During the event we looked at the changes that are being made to the traditional ways we advertise, market and sell brands in light of the shifting expectations of consumers and how they wish to experience products today. We also reviewed some of the recent legislation and case law dealing with unfair trading, experiential advertising and intellectual property.
Citation preview
Laura Mackenzie – Solicitor, Browne Jacobson LLP
Jude King – Trainee Solicitor, Browne Jacobson LLP
Non-traditional media: our focus
• Experiential advertising:
– Apps
• New platforms:
– Cashpoints
– Ads on the move
Regulation of non-traditional
advertising • When does an experience or game become an ad?
• The importance of being identifiable
CAP Code rule 2.1 and 3.1
• Identification and social media
What is experiential advertising?
• No longer limited to purely in-store experiences
• Latest technology brings new ways to advertise
• Successful examples
Experiential advertising: apps
Weetabix - WeetaKid app
CAP rules
• Credulity and Unfair Pressure
• Direct Exhortation and
Parental Authority
Experiential advertising: apps
O2 app – free Cadbury chocolate bar
CAP rules
• Misleading advertising
• Availability
• Sales promotions
New platforms:
Targeted products
Peachy.co.uk
"Small bites put a smile on your lips! You can now get a loan from
£50 to £500 and pay it back in small bits ...".
CAP rules
• Social responsibility
• Other comparisons
New platforms:
Targeted products
Koosday Events
“I DON'T WANT TO DIE SOBER”
CAP rules
• Alcohol
• Harm and offence
New platforms: cashpoint
receipts Barclays Bank "Win a pair of Barclays Premier League match tickets every 90
minutes, every day, until the end of the 2013/2014 season".
CAP rules
• Misleading advertising
• Qualification
• Sales promotions
• Administration
• Significant conditions for
promotions
New platforms:
moving vehicles and local ads
• Qualification in ads – problems
• Misleading concerns
A final thought
https://www.youtube.com/watch?v=316AzLYfAzw
