Contents -- About the author -- About the editor -- Foreword -- by Jonathan Coad, Partner, Lewis Silkin -- Introduction -- The law as it applies to England and Wales -- About Guru in a Bottle® -- 1 Making agreements -- Introduction -- Negotiation -- Heads of terms -- Use of standard terms of business -- Relevant statutory framework for sale of goods, services or goods and services -- Marketing agency agreement -- Distributorship agreement -- Website contract -- Remedies available for breach of contract -- Misrepresentation -- References -- 2 Making statements in sales and marketing -- Introduction -- Definitions of tortious liability -- Distinction between contract and tort -- Remedies in contract not available in tort -- Negligent misstatements -- Misrepresentation made in sales and marketing contracts -- Fraudulent misrepresentation -- Negligent misrepresentation -- Innocent misrepresentation -- Remedies for misrepresentation -- Defamation -- Remedies for defamation -- Tort of malicious falsehood -- References -- 3 Legal barriers to market entry -- Introduction -- Design rights as a barrier to market entry -- Trademark as a barrier to market entry -- Passing-off action as a barrier to market entry -- Copyright as a barrier to market entry -- Generic top-level domains (gTLDs) as a barrier to market entry -- References and further reading -- 4 Legal requirements for sales and marketing activities -- Introduction -- ICC Consolidated Code for Advertising and Marketing Communications Practice (2011) -- EU Consumer Rights Directive 2011 -- Consumer Protection from Unfair Trading Regulations (CPRs) 2008 -- Business Protection from Misleading Marketing Regulations (BPRs) 2008 -- Advertising Standards Authority (ASA) CAP and BCAP Codes -- ASA regulation of marketing activities on websites.

Protection of children and young people from sales and marketing exploitation -- References and further reading -- 5 Law as a weapon for competitive sales and marketing advantage -- Introduction -- The UK and EU advertising regime -- Comparative advertising as a weapon for achieving sales and marketing advantage -- Product placement on television as a weapon for achieving sales and marketing advantage -- References and further reading -- 6 Direct marketing and direct selling -- Introduction -- Data Protection Act 1998 -- Conducting an internal audit to ensure compliance with the DPA 1998 -- E-mail marketing -- Proximity and m-marketing -- Distance selling -- Future reform of data protection regulation in the EU -- References and further reading -- 7 The EU Privacy and Electronic Communications Regulations -- Introduction -- Background to the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 -- Implementation of the 'Cookie Directive' in the UK -- Modification to the law of privacy as a result of the 2011 Regulations -- Online advertising and marketing -- References -- 8 Sales and price promotions -- Introduction -- Discounts and other special offers -- Legal framework: the UK and the European Union -- Non-Broadcast Advertising, Sales Promotion and Direct Marketing Code (CAP Code) -- Consumer Protection from Unfair Trading Regulations 2008 (CPRs) -- Business Protection from Misleading Marketing Regulations 2008 -- Consumer Protection (Distance Selling) Regulations 2000 -- Electronic coupons and vouchers -- Intellectual property issues -- References and further reading -- 9 Prize promotions and incentives -- Introduction -- Prize draws and lotteries -- Competitions -- Consumer Protection from Unfair Trading Regulations 2008 -- References and further reading -- 10 Sponsorship and hospitality -- Introduction.

Types of sponsorship -- Rights and obligations of the sponsor -- Rights and obligations of the property owner -- Management of intellectual property rights -- Broadcast sponsorship regulation -- Legal issues around hospitality within sponsorship -- References and further reading -- Index -- Endorsements.