Advertising & Marketing Disputes
Disputes in this sector usually arise in one of three scenarios.
First are the claims by third parties, such as photographers or film studios, alleging that advertising plagiarises their work. We put up a united front of the brand, the agency and its insurers so that speculative claims are quashed and valid claims are settled as quickly, quietly and cost effectively.
Second are the disputes between brands, often involving comparative advertising or other intellectual property issues. We’ve acted on some of the most important advertising cases of the last 20 years, including cases that have gone to the Court of Appeal and the European Court of Justice.
Third, there are the disputes between brands and agencies that arise at the end of a relationship. These are not infrequent, but usually settled quietly, after the issues around notice, payment and IP ownership have been resolved. Sometimes the parties even part as friends!
Other disputes arising can be more varied. For example, we advise clients on highly sensitive internal matters, sometimes conducting urgent investigations on short notice. Where an agency has been defrauded we act quickly to protect or recover assets. We also assist with issues at board level and help resolve disputes between shareholders. We have considerable experience of insolvency issues and help directors of distressed agencies and other marketing businesses to avoid personal risk from over-trading.
Tokyo 2020 is ready, are you? Ambush Marketing and the Law04 February 2020
2020 is set to be a whirlwind of international sporting highlights including the UK hosting UEFA Euro 2020 finals and of course, the always eagerly awaited Tokyo 2020 Olympic and Paralympic Games. Sporting hysteria will ensue amongst a torrent of marketing activity; such big events are invaluable for brand exposure and marketing stunts, but where is the line? We provide you with a guide to ambush marketing to help you promote your brand whilst keeping within the tracks of the law.
Jurisdiction Challenges28 June 2019
We have updated our Guide to Jurisdiction Challenges, particularly in light of Brexit developments. In the guide, we provide an overview of how to challenge the jurisdiction of the English courts if a claim is started here. Next we consider what to do if proceedings are brought in a foreign court in breach of a jurisdiction clause in favour of the English courts, or in breach of an arbitration clause. Finally, we consider the impact of Brexit – deal or no deal – as the situation currently stands.
Disclosure: avoiding the pitfalls22 November 2018
This guide provides you with a general introduction to the obligations of disclosure in Court proceedings. The rules governing disclosure are found in the Civil Procedure Rules Part 31 and the surrounding case law. This guide will highlight the main points you need to know, consider the problems often encountered and offer some practical tips.
Adam Glass comments for The Global Legal Post: 'Bell Pottinger goes into administration'13 September 2017
Adam Glass, Litigation Partner, who advised the PRCA in relation to the Bell Pottinger investigation, has commented in an article for The Global Legal Post which reports on the recent announcement that PR firm Bell Pottinger has gone into administration.
"No veneer in 'ere": separating the wood from the MDF07 August 2017
In what is a highly unusual volte-face, an advertiser has succeeded in turning the tables on the Advertising Standards Authority (ASA).
The Bribery Act 2010 and its impact on the advertising industry27 April 2015
It has been called the ‘toughest bribery legislation in the world’ and has been rumoured to spell the end for corporate hospitality, media rebates and the client lunch, but what are the real implications of the Bribery Act 2010 for the advertising industry?