Advertising law

Advertising law is characterized by its specificities and its changing nature: faced with the evolution of advertising communication techniques (appearance of social networks, emergence of influencers, etc.), the applicable legislation must adapt.

The regulation

The regulations applicable to advertising cover various areas of law, including commercial law, consumer law, competition law and intellectual property law.

The regulations are in constant evolution…

As far as advertising is concerned, it is important to respect the legislation imposing the use of the French language but also to be careful not to broadcast a message likely to mislead the consumer, at the risk of being incriminated for misleading advertising.

One-off promotions (discounts, liquidations, sales, private sales), as well as promotions in the context of contests/lotteries, are very specific.

In addition, the promotion of alcoholic beverages and tobacco products is strictly regulated by law, which sets limits that may impact trademark owners who nevertheless use their signs for products and/or services unrelated to these sectors of activity.

The Paris Court of Appeal thus considered that :

“the registration of the trademark “Diptyque” by Hennessy [pour des boissons alcoolisées] is likely to paralyze the use that Diptyque makes of its trademark since it can no longer fully exercise its right of ownership over the Diptyque sign; that the result is a loss of effectiveness of the earlier trademark constituting an infringement of the trademark rights enjoyed by Diptyque prior to the filing of the disputed trademark, which will consequently be annulled pursuant to Article 711-4 of the Intellectual Property Code. (Paris Court of Appeal, October 26, 2011, n°09-23.375)

Hennessy’s trademark DIPTYQUE was therefore cancelled, as it prevented the owner of the previous trademark DYPTIQUE (used for perfumes, candles and cosmetics) from carrying out its business activity by indirectly advertising alcoholic products.

Our services

Validation

Bouchara assists you in your advertising campaigns and promotional operations (contests, lotteries) in order to ensure their compliance with French and European legislation (particularly with regard to direct or indirect advertising of alcoholic beverages or tobacco) and applicable professional rules (ARPP, etc.).

Assistance

Bouchara can assist you in the negotiation and implementation of partnerships (drafting of sponsorship contracts, collaboration with personalities, creation of promotional or information campaigns, etc.).

Drafting and negotiation

The Bouchara Law Firm assists you in the negotiation and drafting of contracts, including

  • Contracts for the commissioning of advertising works;
  • Advertising agency contracts;
  • Advertising contracts, rules for contests.

Assistance and representation

Bouchara Law Firm represents your interests in all litigation relating to advertising, both as plaintiff and defendant (damage to your brand image, deceptive commercial practices, comparative advertising, etc.).

Areas of expertise

Bouchara's team will assist you in intellectual property law.