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Brand, advertising and reputation management

For branding professionals, the need to stay up-to-date with legal developments and industry trends is key. Strong brands deliver recognition and can be attractive to investors.

However a strong brand will still face challenges, including the adequate protection of trademarks, copyrights, disputes, portfolio management, as well as advertising compliance and reputation management.

Brand and IP disputes

In an increasingly challenging and competitive marketplace, IP infringement claims are becoming more frequent. Our international IP team combines a wealth of experience in resolving trade mark, copyright, patent and design right disputes. We help clients avoid and defuse the risks posed by IP infringement claims, or seize these opportunities in a cost-effective way.

In terms of regular, small scale infringements, we can work with you to put in place processes to promptly and robustly deal with brand misuse. In doing so, we have helped our clients to build reputations as brands which defend their rights, thereby deterring would-be infringers. We have also helped our clients to instil ‘best practice’ procedures to reduce the likelihood of infringing the IP rights of third parties.

Our ability to act practically and strategically means that such matters very rarely need to go to court. However, we also have significant major trial experience across all areas of IP, so we can work with you to bring or defend claims if it is in your interests to do so.

IP portfolio management

We have a team which includes both trade mark attorneys and specialist lawyers who have substantial experience in portfolio management, advising on international brand expansion and brand protection. We have a competitive and extensive fixed fee pricing menu and clients are provided with (free) password-protected access to our trade mark records management system.

We provide the full range of trade mark attorney services in any country in the world, including:

Advertising, marketing and sponsorship

We have many years of experience in responding to Advertising Standards Authority (ASA) investigations and defending legal proceedings brought in relation to advertising campaigns, such as those relating to comparative advertising and promotional claims. We regularly advise clients on making complaints to the ASA about competitor advertising.

Seemingly straightforward retail promotions and competitions can readily fall foul of a wide range of acts, regulations, codes and industry guidelines, such as those covering food and drink products, advertising targeted at children and the promotion of gambling. Rules and regulations change rapidly and we can keep you updated and advise you on how to address those risks and ensure effective compliance. We understand the importance of effective, compliant advertising, particularly in relation to new business opportunities, new brands or product launches.

We routinely:

  • advise clients on all legal issues and strategy affecting advertising campaigns
  • provide fast copy clearance to ensure that advertisements and packaging comply with the relevant advertising codes, regulations and case law
  • deal with the challenges of advertising and increasing brand profile in the social media space
  • advise major clients, across different sectors, on entering into high profile sponsorship arrangements. These include sponsorship of the Tour de France, the Olympic Games and Rugby World Cup

Reputation management and defamation

We understand the importance of having access to fast, reliable, commercial advice as early on as possible. We have a 24-hour crisis hotline that ensures you can reach us as soon as a media or reputation crisis arises. We understand the potential for negative press comments, and we recognise they can have a devastating impact on a business and on people’s lives. We have the experience and the commercial awareness to manage these effectively from the very beginning meaning that we can help address adverse coverage on your behalf.

As one example, we acted for the CEO of a FTSE 100 company when he and his company were being blackmailed using highly personal information and untrue allegations of fraud. Within 12 hours of being instructed we had obtained a very wide ranging and unusual privacy injunction which remains in place today.

You can read more about our reputation management practice here .

Our team

We combine over 100 specialist IP lawyers in offices across the globe, with dedicated in-house trade marks teams. This means that we have substantial experience in advising on all aspects of IP infringements and disputes, portfolio management, international brand expansion and brand protection.

Our aim is always to provide commercial and practical advice and to work extremely closely with our clients to ensure we add value to the services we provide. We appreciate that businesses want to protect their brands at the same time as reducing expenditure wherever possible. We can tailor our pricing structure to suit your needs.

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© Eversheds Sutherland 2023. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.