Branding & advertising are essential elements of any business strategy
Understanding the rules imposed by the Advertising Standards Authority (ASA) can be a minefield and damaging if you fall foul. The BCAP Code for broadcast advertising as well as the CAP Code for non-broadcast advertising are now more wide-reaching than ever and include the majority of online advertising, businesses’ own websites, commercial email advertising and text messages as well as the traditional forms of advertising media.
We’ve advised multiple brands – large and small – on their proposed advertising and other media campaigns, to reduce the risk of disputes. We consider the vast rules, technical details, reputational and financial risk on different types of advertising for many sectors. From defending or raising a claim against the Advertising Standards Authority or Trading Standards, to ensuring you are compliant with the CAP and BCAP codes, our determined team of IP specialists ensure that you’re protected – reputationally, financially and creatively.
How Our Advertising & Media Experts Can Help
Our specialist team provides guidance on the suitability of advertising content and assisting them in obtaining clearance advice in relation to any concepts, imagery and/or copy for use in ads and campaigns as well as providing advice in connection with comparative advertising.
Creative Protection
Creativity is at the heart of advertising and you don’t want to get weighed down by the legal technicalities before an advert goes live, or worse still, after. Early engagement with our team can ensure that your creativity is not stifled by the law and that your reputation is always protected.
Advertising Standards Agency Complaints
We can also advise you in in connection with complaints which you wish to make to the ASA as well as defending in relation to complaints received from third parties, competitors, the ASA and/or trading standards. Additionally, we will advise you in connection with any branding or reputational issues which may arise.
Our Advertising & Media Experts
Nicholas Briggs
Partner & Head of Intellectual Property
Kerry Russell
Partner
Why choose Shakespeare Martineau?
- Our team has a real depth of experience ensuring you will only receive best commercial legal knowledge bespoke to your business
- Experienced in handling many and varied references to the ASA in connection with comparative adverts between competitor products & services, advising on ASA complaints and providing clearance advice
- Our team is praised by clients for explaining complex issues in terms that can easily be understood
Key Projects
Services Business
ASA Cap Code Compliance
Providing clearance advice in connection with advertising for cosmetic to ensure compliance with the ASA Cap Code and ensuring that the product advertising did not fall foul of advertising restrictions relating to medicinal products. This enabled the client to market the cosmetic product without facing any challenges around the claims which were being made.
Services Business
Crypto Currency Advertising
Advising in relation to crypto-currency advertising where the investments were not regulated by the FCA.
Services Business
Misleading Website Advertising
Advising a services business in connection with misleading website advertising and correlated trade mark issues.
Our Other IP, Technology, Media & Communications Services
Image Rights and Sponsorship
Sponsorships, particularly in sport (of athletes/players and clubs and, where possible, athlete/player endorsements and image rights arrangements) play a key role to sports clubs of every range and size.
Patents & New Technologies
Supporting clients in the commercial exploitation and enforcement of patents and other innovations
Our latest Advertising & Media updates
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Our Advertising & Media experts are here to answer any questions you might have
If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours
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