Advertising and Marketing

Our specialist team has extensive experience advising on all aspects of advertising, marketing and sponsorship law. We provide our clients with a one-stop shop for all their advertising and marketing law issues.

We help our clients keep up with the challenges arising from a rapidly changing sector, where the social media revolution has expanded the advertising landscape from the traditional channels of newspapers and TV to include social networking sites, and new delivery mechanisms such as smartphones and tablet devices.

A paradigm shift of this nature can see the law lag behind and the landscape can be fraught with new and sometimes untested legal issues.

Our Advertising and Marketing law team is at the forefront of this revolution. We can help you cut through the red tape, minimise your risks and maximise your returns.

Our team has worked with many of Australia's and the world's most recognised brands and on a range of high-profile sponsorship deals, including for adidas Australia, Toyota Motor Corporation Australia, Origin Energy, Department of Defence and Racing Victoria Limited.

We draft, negotiate and advise on significant sponsorship contracts and other marketing-related agreements, including signage and hospitality agreements, advertising agency agreements (creative, digital and media), media rights agreements, event management agreements and licensing and merchandise agreements. We also review proposed marketing campaigns and specific advertisements and promotional material for compliance with applicable laws and standards.

Additionally, we advise on:

• the application the Trade Practices Act, the Privacy Act, the Spam Act and the Do Not Call Register Act to marketing activities;
• disputes that arise in the context of marketing and advertising (including taking urgent legal action against our clients' competitors for misleading advertising);
• websites, including drafting terms of use;
• green washing and effective green marketing techniques;
• brand and trade mark selection, protection and maintenance (including trade mark searches and applications and copyright advice);
• domain name protection and cybersquatting prevention; and
• ambush marketing, including how sponsors may prevent their sponsorships being ambushed and issues relating to viral marketing.