Marketing Law
- Advice on the creation of marketing concepts and advertising campaigns
- Defense against advertising attacks on your company by competitors
- Industry-specific advertising (e.g. health sector)
- Assertion of your claims in the event of unlawful advertising by competitors
Marketing concepts and advertising campaigns
Advertising is a dynamic and true-to-life topic. Whether print, TV, radio, online, offline or social media advertising, the spectrum is diverse and colorful.
It is just as challenging and exciting to comply with and deliberately exhaust the legal framework conditions. Even a single ad placement can lead to costly legal consequences. For example, if it is misleading and not merely blatant or leads to a violation of antitrust law (e.g. price fixing). This includes not only respect for third-party trademark rights and copyrights, but also the provisions of the Austrian Unfair Competition Act (UWG) and any additional laws or professional regulations.
Trust my many years of expertise in the field of advertising law and discuss with me the legal possibilities and sources of risk of your planned campaign.
Ambush Marketing
The terms range from ambush marketing to guerrilla marketing, free riding or parasite marketing. This usually refers to the conscious exploitation of (major) events for marketing purposes, without making one’s own (financial) contribution to the event or otherwise having a justification or agreement with the rights holder (e.g. the organizer).
Organizers and rights holders react sensitively to the attempted exploitation of their dearly purchased media interest. Together we will work out whether the advertising campaign you are planning involves risks in this respect and how these can be minimized as far as possible. If you are the victim of a free rider, I will help you to meet your claims.
Doctors and hospitals
Professional ethics regulations often make modern and unconventional advertising for doctors and hospitals seem impossible. Find out how you can optimally exploit the existing legal framework.
If a colleague has exceeded these limits, I will enforce your claims effectively.
Lotteries
Sweepstakes and lotteries are a popular tool to increase brand awareness and sales. In practice, however, invalid participation terms often lead to costly legal disputes. Reputation often suffers. Contact me to avoid such legal pitfalls.
Social Media
Some people get the impression that social media platforms such as Facebook, Instagram or Linkedin are legally free. However, this is not the case. Testing your advertisements is also recommendable on these channels.
Contact me to discuss the legal framework of your planned advertising or to enforce your claims against unfair competitors.
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