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Advertising, sponsorship and promotion

Advertising, marketing and sponsorship are vital promotional tools. They can be used to shape and define corporate reputation and generate brand awareness. If used effectively, they give a business the 'competitive edge' over its rivals.

However, in this highly competitive environment, we are increasingly seeing promotions by businesses being pushed to their legal limits, resulting in more complaints to the Advertising Standards Authority and Ofcom. It is important that businesses know the rules to avoid the sanctions which the enforcement bodies can impose and the consequent bad publicity. Eversheds aims to work with clients to create effective campaigns without stifling the creative input that this area demands.

We advise clients, on a national and international basis, in relation to compliance with advertising regulation, the mechanics of conducting legal promotions, drafting terms and conditions, artwork clearance, comparative advertising and handling complaints. In addition, we advise on sponsorship issues and agreements and marketing, creative agency and merchandising issues and agreements. We also advise on consumer and data protection, intellectual property infringement and protection of intellectual property rights generated in advertising copy and material. We ensure that clients maximise the value of their brand whilst mitigating legal risk.

Our recent work in this area includes compelling a leading multi national company to rewrite an entire advertising campaign through the tactical use of an ASA complaint and acting for a leading clothing retailer in relation to the sponsorship of a major UK sporting event.

Main services include:

• drafting and negotiating advertising contracts including media buying, advertising agency, sales promotion and market research agreements
• reviewing print and television advertisements and campaigns for compliance with regulations
• reviewing and drafting sales promotions terms and conditions
• advice on comparative advertising
• acting on Advertising Standards Authority and other regulatory bodies' complaints and appeals
• advice on data protection elements of direct marketing campaigns
• drafting and negotiating sponsorship agreements.