Advertising & Marketing
Today, marketing and advertising agencies deal with the creation and promotion of valuable brands in a commercial environment dominated by intellectual property rights (IPRs), a matrix of legislation and assorted industry codes.
The complexity of compliance with all the above is increasingly challenging for marketing companies operating in the digital economy and on-line environments. Examples of how we help provide clear guidance for marketing professionals include advice and action on:
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Advertising campaign clearance services including trade mark infringement searches and Trade Practices Act clearance advice.
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The interaction of trade mark rights with Google Adword™ campaigns and interrelationship with domain names.
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Spam Act and Privacy Act implications for email, SMS & MMS campaigns and permission marketing activities.
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Relevant industry codes such as the Australian e-Marketing Code of Practice.
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Online copyright issues associated with websites and publishing information in an online environment.
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Structuring strategic alliances and joint ventures between marketing, design, advertising and technology specialists.
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Specialist legislation affecting the marketing industry including laws relating to food labelling, geographical indications and Olympic Insignia.
In relation to advertising clearances in particular, understand the importance of truthful and clear advertising and the desire to avoid having to make public apologies, place corrective advertisements or pay damages / fines. We know that, like us, many clients enjoy engaging in fun, irreverent and cheeky advertising tactics. Sadly, though, some competitors (and the relevant watchdogs) don’t always share this sense of humour and so we can ’screen’ draft copy to help you stay on the right side of the (legal) boundary.
We also have considerable experience in advising on Trade Practices Act issues relating to the prohibition against misleading or deceptive conduct and misrepresentations in advertising. On the creative side, we frequently undertake work in conjunction with other brand management and design professionals in order to co-operatively build up or develop brands (see, for example, our BrandBuilder™ legal support service offering).
To find out more, please contact us.