Essential Law for Marketers tagged posts

Ambush marketing threat to global sponsors!

Pepsi unofficialDuring major sports events, non-official sponsor brand owners will start to consider actively pursuing ‘guerrilla or ‘ambush marketing’ tactics as they seek a free ride on the back of major events such as the Commonwealth Games in GlasgowFIFA World Cup in Brazil, the Tour de France or the Wimbledon Tennis Championships.

But like so much in marketing, they’re two schools of thought on the subject of ‘ambush marketing’.

Pro-ambush

Those who are in favour of ‘ambush marketing’ including the European Sponsorship Association (ESA) argue it’s a perfectly acceptable form of marketing activity for a non-sponsor to be engaged with provided it doesn’t break any ethical Codes of Conduct that may be in place to regulate sales, marketing and communication activities in its...

Read More

Lush declares war on Amazon with landmark ruling at the High Court

I-feel-dirtySales and marketing practices of online retailers selling similar products and services of well-known brands will need to change after the High Court ruled that online giant Amazon can’t use a Google Ad Word of soap and beauty brand Lush to lure customers to its own retail site for alternative products as this amounts to a breach of the Lush trademark.

Lush has built a brand platform based on its own code of ethics – something which it jealously defends and contends that Amazon doesn’t subscribe to.

As a result, Lush decided it won’t sell its products on the retail giant’s website and probably never will...

Read More

Regulators on both sides of the Atlantic clamp down on blurring advertising with editorial content in 2014

weighing-scalesGiven the tendency for over-indulgence during the Festive Season it’s not surprising that some brand owners of diet plans, slimming and low fat products will think their Christmases have all come at once in the New Year as millions of us try to shake off the excesses of eating and drinking by trying to lose some weight!

Marketers may be tempted to do what Flora pro. activ (owned by Unilever) did a few years’ ago in the UK by inviting a national journalist to ‘fight the flab’ and exercise alongside a calorie controlled diet and keep a daily record of her progress.

This may sound like a great way to connect with consumers who may feel they need some encouragement to do the same.

Flora-pack-shotExcept that Unilever didn’t make it absolutely clear that what was being presented by Chris Jones was in f...

Read More

Why are marketers going native with advertising?

Social media redefined the rules of advertising in a way that many in the industry hadn’t predicted until Facebook came on the scene in 2004.

The old interruption model of brand communication – commonly known as ‘advertising’ – was no longer as effective. We were now in a world where consumers shared opinions on social networks irrespective of what a brand wanted to say about its product or service in a carefully crafted ad placed in a highly controlled media environment.

Native Advertising - Furby

This article sponsored by Furby appeared on BuzzFeed just before Halloween.

The days of the display ad looked like they were numbered.

Or were they?

In an attempt to appeal to savvier consumers and hordes of digital divas, the ad men conceived of a new form of advertising in the hope that this would replace the...

Read More

Top 10 legal pitfalls to avoid in social marketing!

sheepIn the past, marketing managers used social media as just another channel for publishing content and listening to their community. However, to maximize the success of social marketing, you need to become adept at integrating social media into your existing marketing programs and strategies. In fact, you have to do more than social media. You have to do social marketing!

Increasingly, marketing managers are exploring new ways to use a variety of channels in order to reach audiences with compelling content. Perhaps what many don’t realise is that there new rules and regulations that have an impact on how this can be done and this is an area where many marketing professionals may have a knowledge gap.

These are my Top 10 legal pitfalls to avoid when thinking about using social marketing.

#1...

Read More

Latest best practice on how to stay legal when using social marketing

Social marketing White PaperNo matter whether you work agency or client-side, each day or week brings new challenges in how you engage with customers, clients, supporters, members and volunteers.

In the past, social media was used as just another channel for publishing content that would engage with each of these audiences. But today, doing that alone just isn’t enough. To maximise the success of social marketing you need to become adept at integrating social media into your existing marketing programmes and strategies. In fact, you have to do more than social media. You have to do social marketing!

This FREE Vocus White Paper explores how to add social to every marketing activity in order to amplify marketing impact, drive customer, client and audience engagement as well as increasing incremental sales whilst stay...

Read More

How to avoid the recent pitfalls of promotional marketing and ‘giveaways’

This article by marketing journalist Maeve Hosea first appeared in Marketing Week on 22 August 2013

Colgate-GiveawayFancy a free electric toothbrush? If it sounds too good to be true, it probably is. Colgate’s giveaway promotion at London’s Waterloo station last month, where people could swap their old electric toothbrush for a free ProClinical model worth £169.99, ended in chaos. Hundreds of people swamped the stand, which lead to Network Rail forcing the company to shut down the promotion.

Quick to capitalise on the blunder, rival Philips launched an advertising campaign with the cheeky strapline ‘The best things in life aren’t free’...
Read More

EU Privacy and Electronic Communications Regulations

DSM cover_0INTRODUCTION

Ever since the furore over the UK phone hacking scandal in 2011 engulfed the owners of News International as well as politicians of all political parties, the Government and law enforcement officers, the issue of privacy and electronic communications has become a national obsession.

The public revulsion that followed the disclosure of the hacking of private phone messages of murder and terrorist victims and war widows didn’t just rip apart the UK’s biggest selling Sunday newspaper the News of the World but also raised serious questions about the legal safeguards in place to protect an individual’s right to privacy whilst at the same time protecting freedom of speech within the law.

And in December 2012, the Director of Public Prosecutions Keir Starmer QC, was forced to i...

Read More

CPS guidelines doesn’t create “litigant’s charter” for those offended by social media

Keir-Starmer-QCKeir Starmer QC, the Director of Public Prosecutions has just published (20 June 2013) the finalised guidelines on circumstances under which prosecutors may pursue a legal action against those who post comments on social media.

What’s clear is that the CPS guidelines don’t create some form of ‘litigants’ charter’ where the police and the CPS are automatically involved in every instance of social media comment considered as rude, distasteful or even painful to those on the receiving end.

The guidelines indicate that there may be mitigating circumstances under which those making unguarded and grossly offensive comments on Twitter or Facebook but repent by taking them down swiftly and express remorse may be able to evade legal sanctions.

However, such cases are very different from i...

Read More