Advertising law
Areas of expertise > Advertising law
Advertising law is a complex and changing law: the applicable legal provisions and legislation must be adapted to the evolution of advertising communication techniques (and in particular to communication with new media: social networks, advertising on cell phones, etc.).
Regulation
The regulations applicable to advertising affect different areas of law: commercial law, consumer law, competition law, intellectual property law.
It is necessary to respect the legislation imposing the use of the French language, to be careful not to convey a message likely to mislead the consumer and not to risk the incrimination of misleading advertising, etc.
The rules relating to one-time promotions (discounts, liquidations, sales, private sales) are very specific, as are those relating to promotions in the context of contests or lotteries. For example, a ruling of the ECJ on April 23, 2009, condemned the prohibition of premium sales and sales by lots.
Finally, the promotion of alcoholic beverages and tobacco products is extremely limited, and these limitations may have indirect repercussions and affect the owners of trademarks bearing these signs and yet registered for goods and services that have no connection with alcoholic beverages and tobacco products.
For example, the Paris Court of Appeal recently handed down a ruling on October 26, 2011 (Pôle 5 ch. 1, RG n°09/23375) stating that:
“the registration of the trademark ‘Diptyque’ by the company Hennessy is such as to paralyze the use that the company Diptyque makes of its trademark since it can no longer fully exercise its right of ownership over the Diptyque sign; that this results in a loss of effectiveness of the earlier trademark constituting an infringement of the trademark rights enjoyed by the company Diptyque prior to the filing of the disputed trademark, which will consequently be canceled pursuant to Article 711-4 of the Intellectual Property Code.”
The Court of Appeal therefore considered that DYPTIQUE could no longer advertise and therefore promote its perfumes, candles and cosmetics sold under its DYPTIQUE brand because these advertisements could be analyzed as indirect advertisements for HENNESSY’s alcoholic products.
The second trademark was therefore canceled because it prevented the first trademark from carrying out its advertising activities with peace of mind.
Our services
Validation
We assist you in the validation of advertising campaigns and promotional operations (contests, lotteries) with regard to French and European legislation (in particular with regard to direct or indirect advertising for alcoholic beverages or tobacco) and the applicable professional rules (ARPP, etc.).
Assistance
We assist you in setting up partnerships, sponsoring contracts with personalities, and in creating and running information or promotional campaigns.
Drafting and negotiation
Drafting and negotiating contracts for the advertising sector such as:
- advertising agency contract,
- advertising contract, competition rules.
- contract for the commission of advertising works,
Assistance and representation
We assist and represent you in all litigation relating to these sectors of activity (advertising use of a third party’s image or brand, deceptive commercial practices, comparative advertising, etc.).
