Advertising, Marketing and Brand Protection
Marketing and brand activity drives growth in consumer markets, and it is often the first battleground between competitors.
Marketing and brand activity drives growth in consumer markets, and it is often the first battleground between competitors. Campaigns, pricing models, sustainability positioning and promotional strategies must be commercially bold while remaining legally defensible.
We advise retailers, FMCG manufacturers and consumer brands on advertising and promotional strategies that withstand competitor challenge and regulatory scrutiny.
Beyond campaign clearance, we work with clients to protect and enforce the brand assets that underpin market position, including trade marks, packaging, product presentation, digital assets and promotional campaigns. In competitive retail markets, brand differentiation and enforcement strategy are as important as compliance.
We advise on:
Advertising clearance, substantiation strategy and campaign risk assessment
Comparative and performance claims
Promotional mechanics, competitions and loyalty programs
Sponsorship, endorsement, signage, hospitality and experiential marketing arrangements
Advertising agency, creative, digital and media buying agreements
Licensing, merchandising and brand collaboration agreements
Sustainability and environmental positioning
Direct marketing, privacy, spam and digital communications compliance
Trade mark portfolio strategy and brand enforcement
Domain name protection, counterfeit response and online brand misuse
Ambush marketing and competitor advertising disputes
Website and online sales terms
Where disputes arise, we act swiftly to protect market position, including urgent injunctive relief, coordinated enforcement campaigns and strategic response to competitor claims.
Experience
Accent Group
Managing the global trade mark portfolio and acting in trade mark disputes for multiple divisions, including The Athlete’s Foot, Hype DC, Platypus, Nude Lucy, Sports Direct and Stylerunner
adidas Australia
Principal legal adviser to adidas Australia for over a decade, advising on marketing and sponsorship strategy, including major athlete and sporting body sponsorships (including the Olympic Games), and negotiating a wide range of sponsorship, licensing, agency and promotional agreements.
Labelmakers
Acted for one of Australia’s largest label producers in Federal Court proceedings against five former employees who departed with valuable confidential information and breached fiduciary duties. The matter included securing interlocutory injunctions and preservation orders to protect critical evidence.
Apple
Acted for Apple in Copyright Tribunal proceedings concerning a licence scheme proposed by APRA AMCOS for the reproduction and communication of musical and literary works by the subscription video-on-demand (SVOD) industry, securing Apple’s preferred licence terms.
Toyota
Advised Toyota Australia on a broad range of Toyota and Lexus marketing activities, including management of its Australian trade mark portfolio and the negotiation of major sponsorship arrangements with the AFL, Cricket Australia and leading football clubs.
Pharm-a-care
Acting for the Pharm-a-care group in the protection of its worldwide trade mark portfolio for over-the-counter pharmaceuticals and related products.
Myer
Advised on the acquisition of certain assets and intellectual properties associated with various fashion brands including Sass & Bide, Wayne Cooper and Trent Nathan.
A2 Retail Zoo
Advising the various Retail Zoo divisions (including Boost Juice, Betty's Burgers and Cibo Espresso) in relation to brand protection, marketing and advertising issues.
Optus
Advised on Singtel Optus' exclusive rights contract with the English Premier League in relation to live broadcast coverage and digital rights for broadband and mobile, and SingTel Optus' strategic rights arrangement with Cricket Australia.
Subway
Advised on the design and roll-out of the Subcard loyalty program in Australia and co-ordinating the roll-out of that program across a number of markets in the Asia-Pacific region.
A2 Mik Company
Long-standing adviser to The a2 Milk Company Limited on brand and product differentiation strategy, including health claims compliance, patent protection and trade mark portfolio management. Successfully acted in multiple Federal Court appeals and infringement proceedings involving competitor challenges to core brand assets.
Wal-Mart
Trusted adviser for over 10 years on the management and protection of Walmart’s Australian brand portfolio, supporting a globally recognised retailer with strategic trade mark and enforcement advice.
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