Marketing Campaign Clearance

"The Rouse team provided professional and insightful guidance on multifaceted marketing and intellectual property law issues... across internal and external stakeholders... Rouse is a great partner to the success of our marketing campaign”

Irene Chang, Trademark, Copyright and Marketing Counsel, HP Inc.

Marketing campaign errors can come from many angles and are highly visible. These create negative exposure, damage brand reputation and can lead to enforcement fines.

Our Clearance service gives you assurances that marketing activity will not face any challenges. Where risks are identified, we recommend mitigating actions.

When conducting marketing campaign clearance, we review the following issues:

We also have strong expertise in managing partnerships between brands, brand ambassadors, influencers and key opinion leaders.

Check out how we can help you with Entertainment, Sports & Influencer IP.

Case study 1

Globally leading advertising agency representing one of the most famous technology brands

Client’s challenge

As an international advertising agency, representing one of the most famous technology brands, they need legal reassurances that their advertising content will not lead to negative exposure or financial penalties. 

Our approach

As exclusive providers, we provide marketing campaign clearance for each of their campaigns, assess the risks from the IP, legal and regulatory perspective. This includes undertaking IP registration and clearance, as well as compliance with marketing regulations and content controls. We review all of their campaigns in China, Indonesia, Thailand, United Arab Emirates (and the wider GGC), Vietnam.

Impact of our work

The client has legal assurances and sign-off that there are no issues with their marketing campaigns. Brand reputation can be maintained, there has been no negative public opinion, and no fines have been issued.

Case study 2

Internationally renowned gaming company running an NFT led marketing campaign

Client’s challenge

The client was running a marketing campaign where they gifted NFTs to customers.  

The regulatory landscape in China is highly complex. The client was lacking in-house expertise in new digital issues.  

Our approach

We assessed the planned campaign and third party agreements with the artist, marketing agency and technology provides involved. Where risks were identified, we proposed mitigating actions. Our recommendations covered:

• Compliance with NFT related regulations: crypto currency rules and partners’ legal capacity
• Compliance with marketing regulations: ‘lucky draw’ rules; advertising to minors; gaming sector controls, and content controls  
• Strengthening IP protection and future proofing contracts: updating drafting to be explicit about ownership and usage rights
• Licensing of artwork to use in NFT: setting out the relationship between the client, marketing agency and artist
• Enhancements of Consumer Terms and Conditions: to prohibit against any illegal use of the IP by the current and future owners (customers). 

Impact of our work

The client had confidence that the campaign could be successfully delivered whilst minimising IP and regulatory risks.  

Case study 3

Licensing of characters to create new NFT digital product

Client’s challenge

NFTs are being used by innovative brands in China to boost their brand value and engagement with consumers. Our client wanted to license its characters to a third party to create an NFT to be sold in exchange for royalty payments. They approached us to draft the NFT Cooperation Agreement and understand how to mitigate the new regulatory and IP risks created by this new digital asset. ​

Our approach

From a regulatory perspective, we advised on the contractual arrangements to receive royalties and to restrict the sale and usage of NFTs inline with regulation. When managing IP, we advised on mechanisms to control IP ownership and avoid mis-use and abuse by third parties, including end consumers. In order to protect our client’s brand reputation, we supported due diligence IP clearance for the new NFT artwork. We also advised on content censorship and ensured cultural sensitivities were not breached.

Impact of our work

Our client was able to enter into the agreement with the licensee, knowing that their royalties revenue was secured whilst their reputation and IP was protected.