UK: The ASA continues crack down on “FREE BET” adverts

The Advertising Standards Authority (the “ASA“) ruled that Betway’s “£30 Free Bet” promotion was misleading and omitted material information.

In June, Betway’s website featured an ad banner reading: “Football Betting Offer £30 Free Bet … Bet Now“. The fine print stated: “Key Terms 1) New Customers Only. 2) Min deposit £10+ required. 3) Maximum Free Bet Amount is £30. 4) Free Bet will be unlocked after original deposit is staked. 5) Additional Terms apply“.

The ASA found that Betway had failed to make clear that the promotion was a “matched bet” offer of between £10 and £30 depending on the amount new customers deposited. The ASA considered this significant material information which should have been included expressly in the promotion. On the basis that the advertisement implied the offer was for a fixed free bet amount of £30, the ASA deemed it to be misleading and a breach of CAP Code rules 3.1 (Misleading Advertising) and 8.17 and 8.17.1 (Significant conditions for promotions). The full ruling is available here.

The ASA’s decision follows its 2014 report into the application of the UK advertising codes to gambling advertising in which it promised “continued scrutiny” of free bets and other promotional offers (see earlier post here).

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/08/uk-the-asa-continues-crack-down-on-free-bet-adverts/

UK Secondary ticketing continues to be in the spotlight with publication of CMA response

The Competition & Markets Authority (CMA) has responded to the review of consumer protection measures that were adopted in relation to secondary ticketing. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/08/uk-secondary-ticketing-continues-to-be-in-the-spotlight-with-publication-of-cma-response/

UK: Tax treatment of freeplays

Following the March UK Budget announcement, HMRC has released a consultation paper on its proposal to impose remote gaming duty on freeplays, to bring the RGD rules into line with the GBD rules.

The proposal is that freeplays (as widely defined) are, when used, attributed a value for RGD purposes and only cash prizes resulting from freeplays, are deductible. Freeplays given as a prize, and vouchers exchanged for a freeplay, will not be deductible. The consultation paper also confirms that operators cannot even now deduct freeplays given as incentives rather than winnings.

Closing date for comments on the consultation is 17th October 2016 . There is no comment on when the changes are due to become law but the original proposal was 1st August 2017.

View the consultation paper.

For further information please contact Richard Woolich, UK Head of Tax.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/08/uk-tax-treatment-of-freeplays/

Leicester City Football Club: The Legendary Rise That Almost Never Happened

Leicester City’s rise to the top of English football has been well documented, but what is less well known is that it almost never happened as the club very nearly went into liquidation. Read all about how one of our restructuring partners helped save Leicester City and set the foundations for its glory years. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/leicester-city-football-club-the-legendary-rise-that-almost-never-happened/

Bill on the Amendment to the Polish Gambling Act adopted

At a meeting of the Council of Ministers on 19 July 2016, the Bill on the Amendment to the Gambling Games Act and Certain Other Acts, tabled by the Ministry of Finance, was adopted. The Ministry stressed that its main objective was to limit the so-called “grey zone”, protect players against the negative consequences of gambling and increase social awareness of the risks associated with illegal gambling. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/bill-on-the-amendment-to-the-polish-gambling-act-adopted/

Audiovisual Rights on Sports Events: Towards a Disruptive Reform?

The Italian regime for the assignment of audiovisual rights on sports events could dramatically change in the next future. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/audiovisual-rights-on-sports-events-towards-a-disruptive-reform/

Brexit and MSE: Post Brexit Trade Models – Switzerland

Contributed by Philipp Goz of Schellenberg Wittmer Ltd

As part of our “Brexit and MSE” series, today we look at another possible model of a post-Brexit trading relationship between the UK and the EU based on the one between the EU and Switzerland.

Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/brexit-and-mse-post-brexit-trade-models-switzerland/

Brexit and MSE: The Data Protection Outlook

Following last month’s clear mandate for the UK to exit the European Union over the next few years, the resulting uncertainty extends inevitably to data protection laws which are underpinned by European legislation – currently the EU Directive 95/46/EC and, with effect from May 2018, the General Data Protection Regulation (“GDPR”).

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/brexit-and-mse-the-data-protection-outlook/

Brexit and MSE: What next for European trade mark protection in the light of the UK referendum result?

By Ruth Hoy

Following the recent referendum result that the UK has voted to leave the EU, a number of our clients are asking what the effect will be on their European Union Trade Mark (“EUTM”) Registrations, whether they will continue to offer protection in the UK, and/or whether they should be contemplating new national UK trade mark filings.  This concern will be particularly acute for businesses have opted for the pan European protection of the EUTM over national filings in the UK.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/brexit-and-mse-what-next-for-european-trade-mark-protection-in-the-light-of-the-uk-referendum-result/

UK: Court of Appeal confirms approach to blocking injunctions, including trade mark cases

By Sean Godfrey and John Wilks

The Court of Appeal has dismissed an appeal brought by the main UK internet access ISPs against an order obtained by Cartier forcing the ISPs to block access to certain websites used to sell counterfeit goods.

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/uk-court-of-appeal-confirms-approach-to-blocking-injunctions-including-trade-mark-cases/

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