Our Advertising, Brands and Marketing team combines experts in the broad range of laws, regulations and codes applying to marketing activities.
Our lawyers have market-leading, local and global experience, including as in-house lawyers advising the marketing, corporate communications and product development departments of major Australian organisations. In addition to our knowledge of general trademark, Australian consumer and privacy law, our lawyers have significant experience in advising on advertising and marketing law issues across a diverse range of industries, including:
- telecommunications, media and technology
- retail energy
- property, including building and construction, property development and real estate
- health (including aged care)
- universities, schools and private education
- motor vehicle sales (for manufacturers, auctioneers, dealers and online services)
- financial services
- fast moving consumer goods
- agricultural and horticultural production
- traditional retail
- the arts
Our clients comprise of public and private sector organisations including brand owners, sporting bodies, media companies, event promoters, venue owners, arts institutions, sponsors, personalities and athletes, and advertising and design agencies. We’re particularly adept at moving businesses online while preserving the value in traditional business models.
How we can help?
We’re equipped to:
- help you to protect and maximise the value of your brand
- support your advertising, marketing and sponsorship activities
- assist in the management of complaints and disputes arising out of advertising and marketing activities.
Our services include:
- advertising services – advertising clearance, creative, branding and PR agency agreements
- brand management services – brand development and commercialisation (including trade mark, domain name registration and management), brand protection and enforcement, copyright management and merchandising agreements and assisting with brand management in the event of a crisis
- privacy compliance – advising on the privacy aspects of marketing activities (including compliance with the Privacy Act, Spam Act, Do Not Call Register regime and door to door marketing requirements) and privacy compliance more generally
- marketing and sponsorship – call centre and door to door marketing agreements, sponsorship and endorsement agreements, advising on State and Territory requirements for trade promotion lotteries
- online – website and app development agreements, terms and conditions and privacy policies, advice on enforceability of online terms and conditions, reviewing proposed website content, advising on social media strategies and liability for social media content
- product development – advising on legal structures and product characteristics to ensure legal compliance and marketing strategies (particularly in highly regulated environments)
- product liability – advising on compliance with labelling and product safety requirements and dealing with product recalls and claims
- complaints and disputes – advising on disputes arising out of marketing activities, including representing clients in their dealings with regulators such as the ACCC, State Fair Trading authorities, ACMA, the Office of the Australian Information Commissioner and the Advertising Standards Board.
Our team has particular insight into the emerging brand and reputation issues arising from social media. Our partner, Norman Lucas, co-authored the book ‘Reputation Matters – a legal guide to risk management in corporate communications’.