Areas

Advertising and Promotions

Abeledo Gottheil has an extensive experience in the legal aspects of advertising of goods and services, sale promotions with delivery of prizes or gifts -including competitions, contests and raffles- loyalty enhancement programs and incentives and promotional marketing, which make-up its daily practice.

Within the framework of said practice the Firm has acquired great experience in the drafting and negotiation of advertising agreements, including contracts with advertising agencies, media and suppliers of advertising spaces at stadiums and other show grounds, sponsoring of sport entities, organization of events (music shows, sport events, recreational events, fairs), of sponsoring of events, co-branding, lease of stands, trademarks use licenses for merchandising, hiring of “celebrities” and “influencers”, rules for the use of stands and terms and conditions of Web sites, among others.

Abeledo Gottheil has been the legal advisor of advertisers in several hundreds of advertising campaigns of products and services and has vast experience in administrative actions, before the advertising ethics and judicial courts related to comparative advertising, misleading advertising and smear advertising, among others.

In addition, it has given advice in the analysis of the feasibility and implementation of comparative advertising campaigns in Argentina and cooperated with local attorneys in the analysis of the feasibility of comparative advertising campaigns carried out in Chile, Uruguay, México and South Africa.

As from 1980 its lawyers have been in charge of the design and supervision of the legal scheme of more than 5.000 sale promotions with delivery of prizes or gifts most of them carried out in Argentina and also in Uruguay, Bolivia, Brazil, Chile, Paraguay and Mexico – with the participation of local lawyers – addressed to consumers, retailers and wholesalers and it has been the legal advisor of advertisers in many of the advertising campaigns that announced said promotions.

In the last years it offered legal advice for the organization and implementation of more than 1,000 sale promotions carried out by clients of different industries, such as food, beverages, motor vehicles, cosmetics and beauty products, fragrances and personal care, Oil & Gas, chemistry, consumer electronics, tourism, retail and tobacco.

As regards contests and raffles, the services rendered by Abeledo Gottheil include, among others, the drafting of terms and conditions of promotional actions, review of advertising by which they are informed, drafting and negotiation de los contracts with celebrities and influencers who participate in the campaigns and obtention of authorizations to carry out the promotions in the provincial jurisdictions requiring them.

Abeledo Gottheil has given advice on the issued mentioned above to more than one hundred national and multinational clients, among advertising companies, advertising agencies, promotion agencies and law firms.

Among the advertising companies, the Firm has given advice to the most important companies of food, beverages -alcoholic and non-alcoholic beverages -, motor vehicles, oil, tourism, tobacco, software, postal, utilities, air and cable TV stations, TV producers, chemicals, pharmaceuticals, cosmetics and beauty products, supermarkets, sale of household appliances, department stores, electronics, production and sale of hardware, Internet, printing houses and toy supply chains, among other items.
It counsels also local law firms which do not have attorneys specialized in advertising, promotions and promotional marketing.

Abeledo Gottheil has been the legal advisor of promotions of the highest advertising investment in Argentina and of “Pepsi Challenge”, which up to nowadays is still the highest investment in comparative advertising campaigns in Argentina.

Likewise, the Firm provides regular training to the staff of its clients on the legal regime applicable to sale promotions with delivery of prizes and on legal issues related to the advertising of products and services that they commercialize.

Relevant experience

Members of Abeledo Gottheil have participated as lecturers in congresses, seminars and conferences on advertising, sale promotions with prizes and promotional marketing and have written articles on advertising, promotions and promotional marketing in specialized magazines and in digital platforms, among others:

“Unlawful comparative advertising. Legal remedies to discontinue its spreading” (December 2019).
“Comparative advertising is – finally – lawful in the Argentine Republic” (November 2019).
“Use in advertising of of assertions of superiority of exclusive tone” (October 2019).
“Mandatory Information of financed prices advertising” (September 2019).
“Is the Tax on Prizes applicable to promotional draws and contests?” (August 2019).
“Misleading Labeling is an Unfair Competition Act”, July 2019.
“Misleading Advertising in the New Regime of Unfair Commercial Practices” (July 2019).
“Legal requirements for advertisings: modifications to Resolution 915/2017” (June 2019).
“Emergency Decree 274/201: Treatment of sale promotions in the new Regime of Unfair Commercial Practices” (May 2019).
“New Regime on Unfair Commercial Practices: similarities and differences between the provisions of Emergency Decree 274/2019 and the abrogated Act 22,802” (April 2019).
“Advertising and mega-events: brief notes on the so-called “ambush marketing” (www.abogados.com.ar, April 2019).
“Treatment of sale promotions in the draft bill of the new Fair Commercial Practices Act” (March 2019).
“Mistake in the advertised price May the supplier refuse to make the offer effective?” (February 2019).
“Draws and purchase obligation: a mistaken interpretation of the Fair Commercial Practices Act” (December 2018).
“Promotions and tax on draws” (Magazine Información Empresaria (Business Information), 1997).
“Sale Promotions with Prizes Distributed by Chance: Key legal matters” (Magazine Promo News, 1995).
“Promotions and Misleading Advertising: A change of the administrative criterion?” (Magazine Promo News, 1995).
“Advertising of Cigarettes” (Magazine Promo News, 1995).
“Limits to the use of “bonus pack” – An unexpected restriction” (Magazine Promo News, 1995).
“Promotions and Purchase Obligation: A mistaken judicial interpretation” (Magazine Promo News, 1994).
“Comparative Advertising: “Pepsi Challenge” (Magazine Promo News, 1994).
“Legal Framework of Promotions in Argentina” (Magazine Promo News, 1994).
“Fear of freedom” (Magazine Promo News, 1994).
“Sale promotions with prizes. Legal limits for their development” (Magazine Promo News, 1994).