Advertising, Marketing & Media

Our Advertising, Marketing & Media team has the specialist knowledge and expertise to help organisations take a strategic approach to their advertising and marketing activities. Our lawyers advise on the full spectrum of issues arising in this area, such as: advertising and copy clearance, branding, packaging and labelling, intellectual property, marketing related issues, competitions and promotions, and competition and consumer law issues.

We assist with risk management and compliance to avoid disputes wherever possible – but should the need arise, our team is experienced in bringing or defending actions, with our focus being the most commercial outcome for our client.

Our diverse client base includes multi-national household and healthcare consumer goods companies, cosmetics companies, car manufacturers, advertising agencies and marketing companies, publishers, online service providers, television broadcasters and telecommunications carriers.

We provide practical, timely advice designed to give our clients the commercial edge, with a focus on:

• Reviewing and advising on all forms of advertising copy (including print advertisements, television and radio commercials and infomercials) to ensure compliance with the Competition and Consumer Act 2010, industry specific legislation such as the Therapeutic Goods Act 1989 and industry specific codes of practice such as the Commercial Television Industry Code of Practice and the AANA Advertiser Code of Ethics
• Advising on, and drafting, terms and conditions for games of skill and games of chance
• Advising on, and applying for trade promotions permits
• Advising on, and conducting court proceedings in respect of, misleading or deceptive conduct issues (including comparative advertising)
• Drafting and negotiating all forms of marketing and promotion agreements
• Advising on labelling and packaging issues
• Defamation issues
• Intellectual property issues
• Advising on advertising and marketing campaigns and all forms of marketing devices and offers
• Liaising with industry or regulatory bodies such as the Australian Competition and Consumer Commission, Advertising Federation of Australia, Australian Communications and Media Authority, Australian Association of National Advertisers and Advertising Standards Board
• Advising on drafting responses to complaints (either consumer, competitor or regulatory) concerning advertisements or marketing initiatives
• Advising on privacy and spam issues