Advertising and marketing

Advertising and marketing in the UK is governed by a complex legal and regulatory framework. Companies engaging in advertising and marketing need to be aware of potential risks in this area, which range from legal action by other individuals or companies, to potential criminal sanctions under the Trade Descriptions or Consumer Protection legislation.

Our expertise

Our IPT team has extensive expertise in advising clients in this complex area. We advise on advertising and marketing across a broad range of media including sponsorship, press, TV and radio, outdoor and online campaigns. We also provide copy clearance advice to a number of clients.

The team acts for clients in complaints to the Advertising Standards Authority in relation to competitors’ advertising as well as defending clients against such complaints. We have also made applications to the Gaming Board in relation to gambling related advertising.

Our expertise also extends to advising on the form of promotions, special offers and competitions and product labelling and packaging requirements.

We advise on the exploitation of marketing rights, including all aspects of direct marketing and the impact of the Data Protection Act 1998 and the EC Privacy Directive relating to the use for marketing purposes of cookies, data showing where mobile phones are located, reverse search telephone directories, directories of mobile telephone and fax numbers, email, SMS, fax, and automated calling systems.