ADVERTISING & MARKETING

CONSUMER PROTECTION & LABELINGWe advise our clients on:

Sponsorship in advertisingEndorsements and testimonials in advertisingConsumer creditGuarantees and warrantiesInfomercialsViral marketing campaigns and strategies

DEALING WITH REGULATORS & GETTING CLEARANCEBeing the first law firm to receive the Antimonopoly Committee of Ukraine clearance for the advertising campaign, we advise and successfully protect our clients on various issues from unfair competition, comparative advertising to accusations in parallel behaviour and cartel practices. We help our clients to obtain clearances from regulators and the broadcasters to get their work on the air.

“GREENWASHING”Assessing "green" or "environment protection" marketing campaignsAdvising when using environmental certification by third-party agenciesFiling requests to the relevant environment protection authorities and state bodiesProviding legal opinion from perspective of both the environmental law and anti-unfair competition legislation

COMPARATIVE ADVERTISEMENTEvaluating prospective advertising campaignsProviding clients with routine checks Obtaining clearances from the regulator and broadcasters

PROMOTIONSAdvising in respect of anti-lottery and gambling laws, as well as guidance in the course of promotional campaigns’ designConsulting on all forms of sales promotions, including price claims, sweepstakes, lotteries, prize draws, competitions and contests, coupons and gift certificates, loyalty-rewarding programs and price promotions, such as buy one get one free offers, discount offers, price comparisons and lowest price offersDrafting manuals, disclaimers and disclosures to ensure proper compliance

DISPUTE RESOLUTIONInitial audit of legal set-up preceding the disputeDrafting and communicating cease-and-desist lettersCollection of evidence, including surveys, studies and researches from qualified expertsCommunication with customs authorities regarding counterfeit productsRepresenting clients before controlling state authorities in proceedings regarding alleged violation of advertising legislationRepresenting clients before municipal authorities in affairs regarding deployment of outdoor advertising

LITIGATIONDeveloping initial litigation and defence strategiesCollecting evidenceDrafting procedural documentsObtaining preliminary injunctionsRepresenting clients in courts of all instances

DATA PROTECTION & PRIVACYEnsuring compliance with relevant regulations regarding personal data collection, processing, storage in the course of marketing and promotional campaignsProper notification of the Ukrainian Parliament Commissioner for Human Rights on the processing of sensitive dataMitigating risks of breach of privacy while using behavioural, geographical and demographical targeting mechanisms, including usage of cookie-files and tracking of users