Advertising law

Advertising is a major driver of visibility and commercial value.

It is governed by a set of rules relating to consumer law, competition law, intellectual property law (copyright, trademarks, and image rights), personal data regulations (GDPR), and specific sectoral regulations (advertising of health products, alcoholic beverages, foodstuffs, cosmetics, etc.).

Ensuring the security of an advertising campaign requires a comprehensive analysis of the rights involved, the messages conveyed with regard to the products or services concerned, and the media envisaged.

Leca Sevestre Avocats - Intellectual property & industrial law

Advertising management

There are many different types of advertising supports: billboards, print media, radio, television, online advertising, social media, email marketing, sponsorships, product placement etc.

The use of influencers or content creators, brand collaborations (co-branding), sponsorship operations, and brand ambassadors require specific contractual arrangements and prior legal validation.

The applicable regulations are dynamic and evolve in line with the recommendations of the DGCCRF, the Advertising Regulatory Authority (ARPP), and the French Data protection office (CNIL).

We help you to secure campaigns, both in terms of the substance and form of the messages disseminated, and to prevent the risk of litigation, sanctions, or criminal offenses.

Comparative advertising

Comparative advertising is a marketing practice that involves directly or indirectly comparing a product or service with those of competitors to highlight its advantages. It may relate to factors such as price, quality, performance, technical characteristics, or any other objectively measurable criteria.

To comply with the law, comparative advertising must:

  • not be misleading or likely to mislead consumers;
  • relate to comparable goods or services, i.e., same needs or same purpose;
  • objectively compare essential, relevant, verifiable, and representative characteristics of these goods or services. Price may be included.

Comparative advertising must not:

  • take unfair advantage of the reputation of a competitor's brand or distinctive sign;
  • denigrate or discredit the competitor's products, brands, or activities;
  • create a risk of confusion between the advertiser and a competitor, or between their products/services;
  • present a product as an imitation or copy of a product protected by a trademark.

Ambush marketing

Leca Sevestre Avocats - Intellectual property & industrial law

Ambush marketing refers to an advertising strategy whereby a company seeks to associate its image with an event without being an official sponsor. The aim is to create confusion in the minds of the public and take advantage of the event's visibility without paying sponsorship fees. This confusion can be generated using signs, colours, or expressions strongly associated with the event, or by the context of the advertising itself.

There are generally two forms of ambush marketing:

  • Ambush marketing by association: the company uses elements associated with the event (mark, colors, slogans) without permission to create an indirect link in the minds of the public.
  • Ambush marketing by intrusion: the company makes itself highly visible in or around the event (distribution of goodies, posters) without authorization, taking advantage of the media exposure.

This behavior can be punished on several legal grounds:

  • Unfair competition and parasitism: by taking advantage of the investments of others (organizers, sponsors), the advertiser is committing an unfair act.
  • Misleading commercial practices: if the advertising falsely suggests an official partnership.
  • Trademark infringement: if the event or sponsors use trademarks, their unauthorized reproduction or imitation may constitute trademark infringement.
  • Image rights infringement: particularly if celebrities appear without authorization.

The role of the lawyer in advertising

Advisory & Strategy

We advise you on your marketing strategy and the validation of your slogans, visuals, claims, advertising or promotional messages, and communication materials.

Contracts & Valuation

We assist you in negotiating and drafting agency contracts, partnership agreements, co-branding, sponsorship, or influencer agreements.

Defence & Litigation

We defend your interests in cases involving unfair commercial practices (misleading or deceptive practices, ambush marketing) or image rights, and assist you in your dealings with the DGCCRF, ARPP, and CNIL.

We assist you in implementing enhanced monitoring of your events.