United Kingdom: Advertising, Marketing & Branding

The Intellectual Property Enterprise Court has ruled that combining descriptive words like "flower" and "box" does not automatically create a descriptive trade mark, finding FLOWERBX valid and infringed by a competitor's similar branding. The decision demonstrates how strong evidence of brand recognition and actual consumer confusion can be decisive in trade mark enforcement cases, particularly in the context of online retail where visual similarity carries significant weight.

M&S and Sephora have launched an exciting brand collaboration that brings together two highly recognisable retail names. Beyond the consumer appeal, this partnership raises important questions about trade mark licensing, co-branding arrangements, and how both parties maintain control over their valuable brand assets throughout the collaboration.

Trade marks require genuine commercial use to maintain protection, but what constitutes "genuine use" in practice? Recent high-profile disputes, including X's battle over the Twitter brand, reveal how corporate rebrands and strategic shifts can expose even world-famous marks to revocation challenges. Understanding the nuances of use requirements and maintaining proper evidence has become critical for brand owners navigating M&A activity, product discontinuations, or market expansions.

Ofcom's draft Fraudulent Advertising Codes propose nearly 40 measures that large platforms and search services must implement to prevent UK users from encountering paid-for fraudulent adverts. The codes establish a layered "safety by design" approach spanning governance, advertiser integrity, moderation, reporting and transparency requirements. With potential fines reaching £18m or 10% of qualifying worldwide revenue, platforms face significant compliance obligations across onboarding, account security

On 30th July 2026, the ICO announced that they are working alongside the Financial Conduct Authority (FCA), the Advertising Standards Authority (ASA) and the Solicitors Regulation Authority (SRA) in relation to suspected nuisance marketing linked to car finance mis-selling claims.

Co-production agreements enable theatre companies to pool resources and share risks when developing and staging theatrical productions. This article examines the essential contractual provisions that parties should negotiate before embarking on a co-production, from financial contributions and rights ownership to marketing responsibilities and future exploitation rights.

The UK's Advertising Standards Authority has ruled against Nectar Sleep's "Save up to 65%" promotional campaign, finding that the basis of the savings claim was unclear and materially misleading to consumers. The decision highlights critical issues with how retailers calculate and present competitor price comparisons, particularly when using narrow product selections and averaging methodologies that may not reflect genuine market conditions.

A new GALA guide provides a practical, jurisdiction-by-jurisdiction overview of AI disclosure requirements in advertising across key global markets. Following the EU AI Act's transparency obligations becoming directly applicable across all 27 Member States on 2 August 2026, jurisdictions worldwide are accelerating their legislative and regulatory responses to AI-generated content in commercial contexts.

The Advertising Standards Authority has banned a Yo! Sushi Instagram advertisement for violating new regulations on less healthy food marketing. The paid post promoted a limited-edition Chocolate Cream Puff made with KitKat, which falls under HFSS (high fat, salt, or sugar) food categories subject to stricter advertising rules that came into force in January.