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.
Experience
Federal Government World Cup Bid for 2018 & 2022 World Cups: Clayton Utz acted for the Federal Government's World Cup Bid Task Force for Australia's bid for the 2018 and 2022 World Cups. We advised the Task Force in relation to an agreement with the Australian Football League (AFL), the National Rugby League (NRL) and Cricket Australia, where the Commonwealth would underwrite the payment of compensation to the various sporting codes, in return for those codes allowing the use of their stadia during the period of time that Australia would host the World Cup (if Australia's bid was successful).
Toyota Motor Corporation Australia: We have advised Toyota for many years on a broad range of sponsorship and endorsement agreements, including its sponsorship of the AFL, the 2006 Commonwealth Games and the Collingwood Football Club. For the AFL agreement, we also prepared a range of checklists for Toyota marketing staff, to assist them in identifying the numerous benefits granted to Toyota under the agreement, so helping to maximise Toyota's return from the sponsorship.
We have also developed a suite of standard sponsorship and endorsement agreements for use by the Toyota marketing team, approved marketing campaigns and advertising material, advised on complaints to the Advertising Standards Board and advised on privacy issues that have arisen in the context of Toyota's marketing, advertising and sponsorship activities.
adidas Australia: We have been the principal legal adviser to adidas Australia for over 10 years, including providing advice in relation to its marketing and sponsorship activities. We have prepared and negotiated numerous marketing related agreements, including sponsorships, licensing agreements, advertising agency agreements, arrangements with retailers, website and promotional agreements. We have also provided significant advice to adidas in relation to complex legal issues arising from its sponsorship of athletes and sporting bodies (including sponsorships concerning the Olympic Games).
Department of Defence: We have prepared and advised on a number of sponsorship and alliance agreements for the Department of Defence, including agreements with the Australian Football League, AFL Northern Territory, the Women's National Basketball League and Surf Life Saving Australia. We have also developed a suite of standard sponsorship agreements for use by Defence Force Recruiting marketing staff. Additionally, we have advised Defence on various intellectual property and privacy matters, including advising on privacy issues relating to the defencejobs.gov.au website and on intellectual property issues relating to training CD-ROMs. We have also advised the Department on the procurement of creative agency services and digital agency services for Defence Force Recruiting, which included drafting the client/agency agreements and advising on the RFT and negotiations for DFR's creative agency.
Buchanan Group (Brand Power): Clayton Utz has been advising the Buchanan Group for many years in relation to advertising and marketing-related issues. This includes advice in relation to disputes in this context and the structure of Buchanan Group's agreements with its clients.
Origin Energy: Clayton Utz has advised Origin in relation to potential competition and consumer protection issues arising from proposed marketing and promotions and contract structures, including potential third line forcing and exclusive dealing issues. We recently assisted Origin to draft its new creative media agency and media buying agency agreements.
Stockland Corporation Limited: We have advised Stockland on a number of advertising campaigns for its residential communities, including developing terms and conditions and advising on creative material. We have also advised Stockland on privacy, telemarketing and spam issues, trade practices issues, trade mark protection, domain name disputes and protection, competitions and trade promotions, sponsorship arrangements and signage agreements.
Additional experience
Sporting sponsorships: We advise several leading organisations and government agencies in relation to their sponsorship arrangements with the Australian Football League, various AFL clubs, National Rugby League clubs, Football Federation of Australia clubs, the Australian Rugby Union (the Wallabies), the Victorian Football League, Cricket Australia, various motor racing teams and horse racing clubs. We also advise organisations in relation to other sporting sponsorships, such as in relation to the Olympics/Paralympics and the 2006 Commonwealth Games and stadium naming rights arrangements.