Clearance

Clearance

Advertising clearance

We can provide clearance guidance on your advertising strategies and content, brand and product launches, enabling you to pursue your business goals with confidence. Successful marketing often demands the making of bold and simple claims, which can often be subject to legal or regulatory challenge by competitors. We see it as our role to mitigate the legal risk whilst enabling you to say what you want to say.

Example:

Our client was a prominent national retailer with a consistent track record of being the price leader. It wished to run an advertisement claiming to offer the lowest prices nationally on a whole class of goods, with wording that implied both a historical record and a promise going forwards. We were able to establish the appropriate calculation method for the claim and the minimum small print necessary to give our client confidence that its competitors would not be able to mount a successful and potentially highly embarrassing challenge to the advertisement.

Freedom to operate

We can assess freedom to operate using a range of searches against registered and unregistered rights, to a level of detail and geographical scope to suit your purpose and budget. This might involve searching relevant trade mark registries against a brand name you wish to use, checking whether a product or process infringes somebody else’s patent or searching for pre-dating examples to invalidate third party IP.

Example:

Our client had a successful sports nutrition business and wished to check its product range against the many patents and patent applications that are filed by third parties, often speculatively, in that sector. We developed a search strategy based upon the ingredients of the supplements and obtained a set of several hundred relevant patents and applications. Further analysis of this hitset showed that only a small number of these presented legal risk and that this risk was low. Our analysis gave our client’s business confidence going forwards.

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