Advertising and Marketing

Qualities and skills the advertising sector needs from its lawyers include knowledge of the complex legal environment agency services operate under, and a fast response in clearing new brands and advertising campaigns.

Apart from trademark advice and registrations of names, slogans and designs, general advice on copyright law may be needed in connection with the creative content (website design, software, written documents, photographs, art, and music).

Where comparative advertising is used, review by lawyers is often advisable to ensure this is done fairly; and is aimed at informing the consumer rather than attacking competitors.

Whether the advice needed is on celebrity endorsement or advertising clearance and regulation, or client/agency contracts, whatever it is we tackle it with pragmatism and business efficacy.

We are familiar with the agreements under which agencies serve their clients, protect their ideas, and buy services of employees and freelancers. Our services combine legal expertise with an understanding of the business problems that our marketing clients work under. Advertising is one of the most highly regulated industries.

The Office of Communications (OFCOM) took over responsibility for the functions formerly carried out by the Radio Authority (RA) and the Independent Television Commission (ITC) in late 2003 and in 2004 the responsibility for regulating broadcasting advertising was contracted out by OFCOM to the Advertising Standards Authority (ASA) on a two year trial basis under the Deregulation and Contracting Out Act 1994. The two years will expire in November 2006 and it is likely that the ASA will continue its broadcast role as well as its non-broadcast role.

We are able to assist in all aspects of the Committee of Advertising Practice Code (CAP Code) both in advising advertising agencies and also in any complainants who feel aggrieved by an advertisement. Please contact us with any queries.