Paul Jordan
Paul is a Partner in the Intellectual Property department specialising in advertising and marketing law and brand protection matters generally. He joined Bristows in 2009.
Though his experience covers the full range of intellectual property issues (both contentious and non-contentious), Paul's work focuses on content licensing, trade mark and copyright infringement, and advertising clearance. His experience includes advising on: global IP protection; global brand restructuring; passing off disputes; brand launches; and the defence of ASA and PhonepayPlus investigations.
Paul's wide range of clients includes major brand owners, car manufacturers, retailers, airlines, financial service providers and media companies.
Paul regularly speaks on brand protection and advertising law matters and has been widely published, including in the leading advertising industry guide - Ad Law - published by the Institute of Practitioners in Advertising.
Practice Areas
Panel
- Contributing Author
Qualified Year
- 2001
Qualification
- BA (Hons) Business Administration, New Hampshire College, USA, LLB (Hons), University of Brunel, Diploma in Intellectual Property Law and Practice, University of Bristol
Education
- New Hampshire College, University of Brunel, University of Bristol
2 Contributions by Paul Jordan
PRACTICE NOTES
Comparative advertising in the UK: legal framework, conditions for lawfulness, trade mark interaction and enforcement
Many companies aim to promote their goods or services by drawing comparisons with a rival to secure a commercial edge. For example, a business might present its products as superior in quality or more competitive in price than a competitor’s. The law in this area seeks to balance the various interests affected when comparative advertising is permitted.
In short:
adverts may point out comparable features of products to consumers, but
adverts must not distort competition, harm trade mark proprietors, or negatively impact consumer choice
Content
This Practice Note examines the following areas:
What is comparative advertising?
Legal framework
What conditions must be satisfied for a comparative advert to be lawful?
How does comparative advertising relate to trade mark law?
Enforcement in the UK
See also: —checklist.
What is comparative advertising?
It is defined as any advertising which, expressly or by implication, identifies a competitor or the goods or services offered by a competitor. The definition was originally derived from Article 2(c) of Directive 2006/114/EC (the EU Misleading and Comparative Advertising Directive)...
IP
PRACTICE NOTES
UK Advertising Standards Authority: Lawyers’ Guide to Complaints Handling, Investigations, Decisions, Appeals, Enforcement Powers, CAP/BCAP Codes, and Regulatory Overlaps (CMA, Trading Standards, Ofcom), with Common Breaches
Who/what is the ASA?
The Advertising Standards Authority (ASA) is the UK’s independent regulator overseeing advertising in every type of media. It applies and enforces the Advertising Codes of Practice. The ASA Council serves as the final decision‑maker, ruling on whether advertisements meet the Codes of Practice, and you would generally only encounter the Council at the closing stage of the complaints process. For more information visit www.ASA.org.uk...
Statutory regulatory objectives
The UK’s regulatory framework is shaped by two committees that create the Codes implemented by the ASA:
the Committee of Advertising Practice (CAP), and
the Broadcast Committee of Advertising Practice (BCAP)
CAP develops the UK Code of Non‑Broadcast Advertising and Direct & Promotional Marketing (CAP Code), while BCAP authors the UK Code of Broadcast Advertising (BCAP Code) (together, the Codes of Practice). For further guidance, see Practice Note: Advertising law and regulation...
The ASA complaints process
The ASA website enables both consumers and the industry—i.e. other advertisers or competitors—to submit complaints. The process for handling complaints is outlined below...
Notification
Upon receiving a complaint, the ASA will...
TMT
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