ASA

Does your advertisement comply with the general principles of advertising, as set out by the ASA and what action can consumers take against you as a result of non-compliance with the general principles?

  In terms of the standards of advertising, all advertisements must comply with certain criteria as set out by the Advertising Standards of Authority of South Africa’s (ASA) Codes of Advertising.  One of these general principles is misleading claims.  In this regard, it provides that “Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, [...]

By | 5th February, 2018|Advertising law, Media Law|

AVOID TRADE MARK INFRINGEMENT: THE CORRECT WAY TO USE REGISTERED TRADE MARK NAMES IN YOUR ADVERT

If you would like to make use of well-known trade marks to promote your goods and/or services, how would you go about it?  For example, if you are producing an advert for your goods and/or services, whether television, radio, or print media, would you be allowed to make reference to registered trade marks or use puns, which make reference to [...]

By | 9th November, 2017|IP Law, PPM Attorneys|

WHO DO CONSUMERS COMPLAIN TO IF THEY WATCH OR HEAR AN ADVERT WHICH OFFENDS THEM AND WHAT IS THE RECOURSE PROVIDED TO THEM?

The Advertising Standards Authority (“ASA”) has a Code of Advertising Practice (“the Code”).  The Code sets out guidelines and/or principles which must be complied with when advertising.  These Codes apply to every type of advertising, every sector and any medium of advertising. The Code contains 19 clauses which deal with different elements.  This article deals with clause 1 of section [...]

By | 6th March, 2017|Advertising law, Consumer Law, PPM Attorneys|