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Advertising, sponsorship and marketing

Our lawyers provide a full suite of services in this rapidly changing area, assisting clients in navigating the constantly evolving laws and industry regulations that govern advertising and marketing across the globe.

The digital environment is becoming increasingly prominent in hosting advertising, from online campaigns to smart phone marketing. Meanwhile, especially in the UK, health, nutritional and environmental claims are subjected to particularly intense scrutiny by both consumers and regulators, and novel issues such as the London 2012 Olympics present a legal minefield to advertisers.

This developing world can give rise to complex commercial and legal issues, not least in relation to rights protection and regulatory compliance. From the initial idea through to the development of a campaign to its launch, we provide commercial advice on all aspects of traditional and digital advertising.

In particular, we can help in the following key areas:

  • Drafting and negotiating agreements with advertising agencies and media buyers.
  • Advising on the securing of image rights and endorsements and all aspects of sponsorship arrangements, including those for major international sporting events.
  • Advising on all legal issues affecting advertising campaigns, advising on strategy and providing fast copy clearance to ensure advertisements and packaging comply with the relevant advertising codes, regulations and case-law.
  • Advising on intellectual property rights relevant to advertising, including trade mark infringement, passing off and endorsement issues. We can help to ensure that advertising content is risk free or, equally, advise where clients are concerned that their rights are infringed by a competitor's advertising.
  • Seemingly straightforward promotions and competitions can readily fall foul of a wide range of acts, regulations, codes and industry guidelines covering data protection and gambling. We offer advice and training to help clients to address these risks and to ensure effective compliance.
  • Assisting clients in responding to Advertising Standards Authority (ASA) and Ofcom investigations, and defending legal proceedings brought in relation to advertising campaigns, such as those relating to comparative advertising and product claims. We also advise on making complaints to the ASA about competitor advertising.
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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.