Kate Swaine
Partner
Practice Group Leader - Risk & Disputes Group
Article
6
As Her Majesty the Queen reaches 70 years as Head of State and celebrates her Jubilee this summer, it is clear that brands (particularly British brands) will want to celebrate this landmark milestone. To do so, brands will need to consider how they can celebrate without giving rise to liability or falling foul of advertising regulations.
In this insight, we give a brief overview of the legal landscape and some advice/signposts to assist brands looking to celebrate the Jubilee in their own communications.
Registered trademarks give an exclusive right to prevent third parties using:
In addition to the above, the Trade Marks Act 1994 provides that third parties shall not use the following, in connection with any business, without the authority of Her Majesty (on in the case of (2) the member of the Royal family)[1]:
Further, the Trade Descriptions Act 1968 is clear that it is an offence to, in the course of business, give any false indication that goods/services are supplied or approved by Her Majesty or any member of the Royal Family.[2]
Along with any rights to take action as above, there is also the possibility of a member of the public or competitor submitting a complaint for breach of the UK advertising codes - the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Marketing (BCAP Code). For example, the codes include rules prohibiting misleading advertising and rules pertaining to the depiction of the Royal family and the use of Royal Arms or Emblems in advertising. In addition to the general rules, the Advertising Standards Authority ("ASA") has also recently issued guidance on how brands can "make it a compliant Jubilee". Care should be taken, for example, to avoid implying an official endorsement from Her Majesty or the Royal family (if one does not exist) or that a product is official memorabilia if that is not the case.
If you have any questions, please get in touch with Kate Swaine, Kate Hawkins or Zoe Pearman.
Footnotes
[1] s99 Trade Marks Act 1994
[2] s12(1) Trade Descriptions Act 1968
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