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 plagiaries 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!
Jurisdiction Challenges22 May 2017
Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.
Disclosure: avoiding the pitfalls22 May 2017
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.
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?