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.