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Commercial: Consumer - Discounts - Misleading Advertising
Marketing is an important tool for attracting customers. It is commonplace to see banners announcing bargains of "70% off the retail price." However a recent High Court decision illustrates that care must be taken with such marketing. In the case of Office of Fair Trading v Officers Club Ltd and another [2005], the defendant advertised products at 70% off the retail price. The relevant product was offered for sale in a limited number of stores at a higher price for a period of 28 days before being released to most of the stores at the discounted price. The Office of Fair Trading issued proceedings claiming that such a strategy was misleading to consumers. The defendant claimed that: there was no misleading advertising as the strategy had at all times complied with the guidelines enshrined in the Code of Practice for Traders on Price Indications issued by the Department for Trade and Industry; and it was legally impossible for them to be in contravention of the misleading advertising rules when they were complying with the code. The court rejected these arguments and found that: the Code of Practice was designed to give retailers a degree of certainty while granting the regulatory authorities flexibility to curtail misleading practices despite strict adherence to the code; although the defendant had offered the products for sale at the higher price in accordance with the Code, he had not had a genuine belief that it could sell the products at those prices; and the adverts were misleading. Sales and discount offers are an effective way of bringing in consumers and boosting revenue, however, businesses should be wary of using marketing strategies that may be misleading or in bad faith. If you require further information contact us. Email: enquiries@rtcoopers.com © RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances. Full service commercial law firm based in the City of London specialising in Biotechnology Law, Employment Lawyers, Media lawyers, Entertainment Solicitors, Pharmaceutical Lawyers, Intellectual Property Law, Litigation, Corporate Finance, Copyright, Redundancies, Commercial Lawyers, Commercial Law, Commercial Contracts, Data Protection, property lawyers. Contact us at enquiries@rtcoopers.com. Visit our website at http://www.rtcoopers.com
Latest News:Site: Yahoo! News Search Results for news Game news: 'GTA IV' hits 10 million, EA meets ESPN (AP via Yahoo! News) Real news from the virtual world: News and notes on the PGA Tour's top 20 golfers (USA Today) Get the latest news and notes on the top 20 golfers on the PGA Tour. These rankings are based 2006-07 PGA Tour results. UAL shares walloped by new posting of old news (Reuters via Yahoo! News) A nearly 6-year-old news story on the 2002 bankruptcy filing of UAL Corp resurfaced on the Internet on Monday, clobbering the airline's shares briefly as some traders mistook the report as current and plausible news. Asyncast delivers custom news to hands-free mobile devices (CNET) The company's Rocketron service allows users to set preferences for the kinds of news stories they want to hear, as well as filter controls for news they don't want. Young adults want less election news (UPI) EVANSTON, Ill., Sept. 8 (UPI) -- U.S. young adults say there is too much election-related news on Internet news sites, a university study indicates. CNET News Daily Podcast: The new Zune plays its tune (CNET) Microsoft lets "slip" Zune news one day before Apple's big shindig. Big ad group says Google-Yahoo is a bad idea. Who says real spies don't dig social networking? Game News: 'GTA IV' Hits 10 Million, EA Meets ESPN (CBS News) Real news from the virtual world: ABC News gets first Palin interview (Reuters via Yahoo! News) ABC News' Charles Gibson has snagged the first interview with Alaska Gov. Sarah Palin since she was named the GOP's vice presidential pick on August 29. United Airlines hit by 5-year-old news (UPI) CHICAGO, Sept. 8 (UPI) -- United Airline's stock value plunged Monday after a 5-year-old news story was posted on a Florida newspaper's Web site. UPI NewsTrack Entertainment News (UPI) Spears wins 3 MTV Video Music Awards ... 'Wrestler' wins Golden Lion in Venice ... Report: MSNBC shuffles election anchors ... Iconic Astroland park closes ... News from United Press International. Site: news - Google News Palm Shares Soar As New Smartphone Wins Wall Street Praise - CNNMoney.com
MORE RESOURCES: Site: Yahoo! News Search Results for advertising Ad-averse Mobile Users Will Pay to Avoid Advertising (Cellular-News.com) Mobile providers looking to boost their revenues through content downloads and advertising are in for a rough ride, according to a new study by market researchers TNS. A Web advertising dark horse goes on the offensive (Market Watch) While its rivals have been fetching multibillion-dollar acquisition offers from the likes of Google Inc. and Microsoft Corp., online-advertising firm ValueClick Inc. has been busy digging its way out of a legal mess. Intergi's Video Game & Entertainment Advertising Network Has Largest Potential Reach in U.S. According to Newest ... (Centre Daily Times) Intergi (www.intergi.com), a leading video game and entertainment site representation company and advertising network, today announced that it now has a total potential advertising reach of 52.4 million unique visitors in the United States, topping other targeted ad networks - including bellwethers such as Advertising.com Games and Yahoo! Games. Based on the latest data from the August 2008 ... Largest ever advertising billboard at London Bridge Station (London SE1) A huge advertising billboard has been unveiled at London Bridge Station to promote the NSPCC and brighten up hoardings on the concourse. Online Brokerage Sites See Increased Visitors With Ramped up Online Advertising Efforts (PR Newswire via Yahoo! Finance) comScore, Inc. , a leader in measuring the digital world, today released a study of the online trading and brokerage industry showing strong visitor growth to online brokerage sites coinciding with heavy online advertising efforts by several of the key brokerages. Advertising spend in Qatar crawls (MENAFN) Advertising spend in Qatar crawls Intergi's Video Game & Entertainment Advertising Network Has Largest Potential Reach in U.S. According to Newest ... (Business Wire via Yahoo! Finance) DEERFIELD BEACH, Fla.----Intergi , a leading video game and entertainment site representation company and advertising network, today announced that it now has a total potential advertising reach of 52.4 million unique visitors in the United States, topping other targeted ad networks - including bellwethers such as Advertising.com Games and Yahoo! GCC advertising expenditure rises by 23.6% (MENAFN) GCC advertising expenditure rises by 23.6% NeoMedia and Format Dynamics Join Forces to Integrate Innovations in Online & Offline Advertising (Marketwire via Yahoo! Finance) NeoMedia Technologies, Inc. (OTC.BB: NEOM), and Format Dynamics, Inc., today announced a strategic alliance designed to accelerate innovation in both online and offline advertising. Bald Is Beautiful (Advertising Space) (CBS News) New Zealand's national airline is offering to pay bald travelers to use their heads - literally - in a new advertising campaign. Site: advertising - Google News SMU to launch graduate advertising program - Bizjournals.com
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