Printed from the Field Fisher Waterhouse web site
Web address: http://www.ffw.com//practices/intellectual-property/promos-marketing-sponsorship.aspx

Street lights

Promotions, marketing & sponsorship

The shifting habits of media consumers, the increasingly global nature of marketing, the advent of new technologies and the law that regulates them are changing the face of the advertising industry. In this brave new world, an in-depth, commercially focused knowledge of the law is crucial to protecting and developing your business.

Our service

Our dedicated team is consistently ranked amongst the top five European law firms and regularly advises on the following areas:

Copy clearance

We not only check that copy advertisements comply with the British Code of Advertising, Sales Promotion and Direct Marketing (the “Code”), but also:

  • suggest alternative wording where appropriate
  • identify third party rights and recommend searches
  • provide a commercial risk assessment

Sales promotions

We advise on compliance with UK legislation and the Code governing both the structure and terms and conditions of sales promotions. In particular, we provide legal and commercial advice to ensure prize promotions are legal and do not infringe lottery and gaming regulations.

Through our European offices and network of international specialists in other jurisdictions we co-ordinate the clearance of promotional programmes worldwide.

Advertising Agency Agreements

Many advertising agencies and their clients have no written contract, particularly if the business relationship has existed for some time and it is felt that there is no need to put in writing what the client and the agent “know and understand” the terms to be. We can advise on and draft appropriate advertising agency agreements to provide protection and prevent costly litigation in the event of a dispute between the advertising agency and advertiser.

Data collection and direct marketing

Data protection legislation has placed increasing limits on the ways and means by which information about consumers can be collected. We advise on legislation governing:

  • unsolicited calls and faxes for direct marketing purposes
  • obtaining the data subject’s specific and informed and, in certain circumstances, explicit consent before processing their data
  • rights of access for individuals to be provided with information about personal data held on them
  • transferral of data outside the European Economic Area (for example to the US)
  • information to be contained on all distance selling advertisements and marketing material

Endorsement contracts

Merchandising and endorsements are valuable marketing techniques and a highly profitable business. The ever increasing awareness of an individual’s image rights means that advice should always be taken before using an individual’s name or likeness in any marketing campaign. We advise on the commercial terms of endorsement contracts and the protection of endorsement rights through passing-off, registration of trade marks, the tort of defamation and copyright.

Sponsorship

Sponsorship raises the public profile of corporate names, logos and brands and raises revenue for a team or event. However, no company should commit itself to any form of sponsorship without a written contract that clearly lays down what is expected of each party. We advise many leading brand owners, sponsor seekers and sponsorship consultants on event, film and TV, product and personality sponsorships. We can advise on and draft a sponsorship agreement that is tailored to your needs.