Marketing & Advertising
Fernández Palacios Abogados provides advice in Communication Law sector with special emphasis on the legality of advertising campaigns and the legal analysis of possible conflicts arising in the context and circumstances of the Marketing Departments of its clients, carrying out a prior detailed study to the launch of the advertising campaign or promotional activity, covering all disciplines of Communication Law.
Discipline covered by Communication Law
Ensures legal compliance with any promotional action or advertising campaign prior to its launch. With this, reputation crises, legal actions, misinterpretations, unforeseen incidents and economic losses are avoided.
Analysis and realization of legal bases regulating promotional contests and draws.
Legal analysis of possible conflicts that arise in the context of an advertising campaign, press conferences, relations and public events.
Advertising contracting and reports prior to the dissemination of campaigns, promotions and sponsorships in order to reconcile them with current legislation.
Preparation of requirements and answers to competition claims prior to judicial or arbitration proceedings.
Preparation and filing of judicial and arbitration actions in this matter.
The Right to one’s own image is a Fundamental Right that assists us all, whose regulation must be kept in mind in any advertising campaign or marketing action. The use of the image of a third party, depending on who owns that image and the purpose that is going to be given to it, requires a prior regulation between the parties, so that the rights and obligations raised are ordered in a manner clear and unequivocal, in order to detail possible future claims.
LEGAL BASES OF CONTESTS AND PROMOTIONS
When carrying out a promotion or promotional contest in which a prize is offered to the consumer in exchange for participating in them, a series of rights and obligations are put into play both by the person who organizes the promotion and by those who participate. These must be perfectly regulated expressly in what are known as Legal Bases, the object and responsibilities derived from the relationship established between the organizer and the participants being embodied in a document.
The final arts used to communicate a promotion are subject to a series of legal requirements, which will vary depending on the nature of the product or service that is intended to be promoted, and must clearly and visibly include a minimum legal content in order to provide legal certainty. to users and consumers who are interested in participating in the promotion that is advertised.
Advertising in its maximum expression, combining in them all the possible actions aimed at disseminating a product or service, with which there are many rights, obligations and responsibilities of all those who in one way or another participate in the advertising campaign and who have to be regulated. In addition, intellectual and industrial property rights come into play, among others, which must be taken into account in order to avoid incurring infractions that may entail compensation of a high economic amount.
Sometimes, communication and advertising companies, at the request of their clients, are forced to create names to publicize their products or services, which ultimately translate into brands. These potential trademarks require a prior registry investigation to prevent attractive denominations offered to the client from not having real viability due to similar trademark precedents. Fernandez Palacios will help communication companies find the best option so that the end customer can benefit from it.
Product labeling is mandatory and stems directly from two consumer rights: safety rights and Information rights. The content of the label provides consumers with information about the product and allows them to make an appropriate choice based on their tastes, needs and demands.
Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of October 25, 2011 on food information provided to the consumer, together with complementary national regulatory bodies, establish a series of requirements and conditions depending on the nature of the product, in order to the labeling transmits truthful, sufficient, understandable, unequivocal information in accordance with current legislation, this being a responsibility of the company
Litigation and arbitration
Company and continuous and personalized follow-up in relation to preliminary, judicial and arbitration controversies before Courts and Organizations, both national and international.
Thanks to our team of professionals with more than 20 years of experience, together with a vast support network of professionals, academics and international collaborators, we seek to offer the best defense.
We start from the base of finding the best possible agreement for both parties, protecting our clients and saving unnecessary, economic and temporary expenses.
We have a multidisciplinary Department in order to provide our clients with comprehensive advice, which includes the drafting and negotiation of all types of contracts related to our disciplines, such as contracts for the assignment of exploitation rights, use and image licences, literary and musical publishing, audiovisual and phonographic production, software development and web pages, plastic works, confidentiality agreements and Know How, exploitation of formats, audiovisuals and phonograms, etc.
Compliance (regulatory compliance) guarantees the company and all its staff that they comply with the applicable regulations, preventing and avoiding any illegal conduct, as well as the sanctions and responsibilities provided by the Law in case of non-compliance.
Fernández-Palacios collaborate with each company to identify the applicable regulations and whose compliance must be ensured, as well as to establish those policies, strategies and controls that are considered relevant.