Property
We advise and assist clients on matters including brand and brand protection, copy clearance, competition and consumer law, intellectual property, packaging and labelling, sponsorships, licensing, marketing disputes, competitions and promotions, and privacy issues.
Our clients include manufacturers and retailers in a range of industries including motor vehicles, household consumer products, financial services, telecommunications, food and beverage, healthcare, cosmetics, and fashion. We also act for advertising agencies, media agencies, marketing companies, publishers, internet service providers, social media platforms, media companies (including newspapers, television and radio broadcasters), sporting bodies, cinemas, charitable organisations, and telecommunications carriers.
Thomson Geer is also the Australian member of the Global Advertising Lawyers Alliance (GALA), an alliance of law firms with expertise in advertising, marketing and trade promotion.
Reviewing ads and campaigns
We review advertising copy and collateral for use on all platforms, including radio, television, print media and social media, in order to ensure that your campaign complies with Australian law, and the numerous Australian industry-led codes and regulations.
Engaging with regulators
Our lawyers have drafted and reviewed many Financial Services Guides and Statements of Advice.
Intellectual Property
Advertising and marketing material often has attached associated Intellectual property rights such as trade marks or copyrights. Whether you require advice on the content and associated rights included in your advertising and marketing material, or believe that your intellectual property rights are being infringed by the advertising and marketing material of others, we can assist. For more information on our services in this area please see our IP and Trade Marks pages.
Sponsorship, advertising and marketing agreements
Our team draft and review agreements involving sponsorships, endorsements, merchandising and publicity. We ensure that these agreements provide our clients with certainty as to how parties will use their brand and associated intellectual property rights in all advertising and marketing activities. We also review agreements between advertising agencies, ad buyers and sellers, and the platforms that provide advertising space.
Trade promotions
Trade promotions seek to promote a business or brand and are a commonly used and highly effective marketing tool. However, they are also highly regulated. Trade promotions can consist of games of chance, games of skill or both. Trade promotions which involve an element of chance are governed by different regulations in each Australian State and Territory in which the promotion is being conducted, and may require a permit or authority to be run legally. We assist with navigating the rules and regulations around trade promotions to ensure they are run effectively, appropriately and legally.
Privacy
Building a comprehensive database of previous, current and potential customers is a crucial requirement for effective marketing and advertising, especially with the increase of email and social media led campaigns. However, businesses need to be careful about how they collect, analyse and use customer information, especially when that information may be considered personal information within the definition of Australia's Privacy Act 1988. Our team advises on the collection and use of personal information and how it can be safely leveraged for advertising and marketing campaigns.
Celebrity agreements
Drafting and advising on advertising celebrity agreements, sponsorship agreements and promotional agreements.
TGA submissions
Drafting and advising on submissions to the Therapeutic Goods Administration in response to complaints under the Therapeutic Goods Advertising Code.
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Built around principle of quality and value.
Ben Coogan
Bronwyn Furse
David Gaszner
Josh Simons
Marlia Saunders
Peter Le Guay
Tony Conaghan
Matthew Prescott
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Kerry Awerbuch
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Madeleine McMaster
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About us
Thomson Geer acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.