From conception to execution, the world’s leading brand owners, media organisations and advertising agencies come to King & Wood Mallesons' one-stop advisory and disputes team for advice on the systems and strategies needed to ensure regulatory compliance, defend and pursue claims, and to minimise the risk of complaints/litigation.
Vital to business success, advertising and marketing utilises a number of traditional and new communication channels and is highly regulated, complex and ever changing. As companies focus on advertising and marketing as business differentiators across different mediums, there has been a steady increase in regulatory restrictions and consumer complaints across advertising copy, branding, promotions, packaging/labelling, internet marketing and much more.
We are considered market leading in this area and have been involved in a number of recent successful claims of misleading advertising against client competitors, including leading Federal Court cases. Ensuring that the best creative is backed by strong legal foundations, we have advised on national marketing campaigns in many industry sectors, copyright aspects of mobile content, and the unique legal aspects of internet marketing and social media on Facebook and Twitter. We continue to document the agency/client relationship and pre-vet their most innovative creative concepts.
Providing full-service capability in the areas of intellectual property, contracts/agreements, trade practices, consumer protection, direct marketing, licensing, and promotions - clients benefit from our technical excellence, multi-party perspectives, relationships with the regulators, and specialised understanding of the unique regulatory requirements within the FMCG/beverages, telecommunications/media, financial services, pharmaceutical and other sectors.
With disputes increasing in intensity and frequency, our team has worked closely with our clients to avoid and resolve disputes. When involved in these disputes, clients call upon our experience in running landmark cases involving passing off, misleading and deceptive conduct and infringement of IP rights.