What We Do

As a specialist law practice focusing primarily on the advertising, marketing and media industries, we can provide commercial and strategic advice in relation to the full range of legal issues those industries encounter day to day.

Anisimoff Legal ExpertiseIn addition we have a specifically trained team of experts providing advice and services related to trade promotions, competitions and loyalty programs. Comprising solicitors and non-solicitors, our team is able to provide advice and service from a commercial and legal perspective. As a result, we are able to draft rules and terms but also assist in developing strategy and dealing with the inevitable problems that arise in this space.

Key Services

Advertising + Marketing

Final clearance is only a part of the creative process, so we work with our clients from the outset to guide ideas from concept review through to execution for compliance with prevailing laws, regulations and industry codes of practice for all new and old media. Our specialties include: automotive; insurance, credit and financial services; food and beverages; liquor; health; therapeutic and pharmaceutical goods; travel; telecommunications; weight management; gambling and gaming; environmental and green claims. We also advise on and make strategic recommendations regarding problematic comparative and third party advertising.

Trade Marks

The brands and intellectual property of a business are among its most valuable assets, and without the right advice you can so easily be under-protected or exposing yourself to unnecessary risk. Our team can assist you every step of the way in protecting your intellectual property throughout the world, from providing strategic advice on establishing your brand in the first place, conducting trade mark searches and clearance to ensure your intended use does not encroach on third party rights, and registering and managing the critical intellectual property – both in Australia and internationally – through our trade mark management practice. We can also perform ongoing trade mark watching services to monitor for possible conflicts, liaise with all relevant regulators on your behalf, assist with domain name and business name registrations, defend you in disputes and enforce your rights when they are at risk of being infringed.

 

Employment

People are your best asset, they make the magic happen. It’s not always smooth sailing however. It goes with the territory that managing people will involve a range of workplace legal issues, and we understand these legal issues and risks and have the expertise you need to navigate this complex area.

We can provide legal advice and support in employment and workplace law matters, for both employees and contractors. Our focus is on finding creative and practical solutions to resolve your issue with minimal disruption to your business.

Copyright + IP

Sometimes the best creative can be extremely close to someone else’s intellectual property, so you need expert assistance to work out whether your plans pose a problem, and in charting the way forward. Alternatively, you may have created your own content and are nervous about how best to protect it. Our lawyers are experts on copyright and intellectual property, but also know the commercial realities of the industry. We can also advise you on protecting your intellectual property through appropriate strategies and agreements. As specialist advisers to creative industries, we appreciate the value of an original idea and we can advise on how to maximise protection of your confidential information, including your creative concepts and presentation materials.

Brand Management

As detailed above under Trade Marks, our practice is specifically geared to providing you with all the advice you need to properly create and protect your suite of intellectual property. But our job does not stop there – we can also provide you with continuous brand management services like our trade mark watching services, which enable us to update you of new threats to your marks, doing all of the background work for you, so you don’t have to. In addition, our portfolio management services in Australia and across the world through our network of agents mean that you need not worry about missing a deadline ever again – we’ve got you covered.

Competition + Consumer Law

As detailed above under Trade Marks, our practice is specifically geared to providing you with all the advice you need to properly create and protect your suite of intellectual property. But our job does not stop there – we can also provide you with continuous brand management services like our trade mark watching services, which enable us to update you of new threats to your marks, doing all of the background work for you, so you don’t have to. In addition, our portfolio management services in Australia and across the world through our network of agents mean that you need not worry about missing a deadline ever again – we’ve got you covered.

Contracts, Commercial, Corporate

In the background of the creative process is the complexity of the deal process. Our lawyers advise upon and draft all forms of commercial contracts, from complex agency contracts to sponsorship agreements, talent and endorsement contracts, intellectual property licences and releases, and all segments of the corporate spectrum in between. We are also here when things aren’t going right and you need our advisory services to pick apart the issues and guide you through.

We also manage and help with strategies for establishment of new companies, businesses, partnerships and joint ventures.

Privacy

It’s not just about having an ancient, boilerplate privacy policy anymore. When it comes to the rules around personal data collection and management, direct marketing and telemarketing, you need up-to-date and appropriate advice from experts that understand the Privacy Act, Spam Act, Do Not Call Register Act and other relevant laws and regulations, and more importantly, what they mean for your business. Our team can provide top-down strategic advice regarding compliance and your data management obligations now and into the future.

Media Buying + Advisory

As the media landscape shifts and adapts, the means and channels through which media is bought and sold worldwide accelerates in complexity. Our experts are best positioned to advise on the legal and commercial strategic requirements of businesses as they embrace these new opportunities.

Trade Promotions + Permits

Our specialists advise on all kinds of promotional activities, right from the initial concept stage through to development and implementation – and the inevitable hassles along the way. We are experts on negotiating the relevant State/Territory promotion lottery legislation in Australia, drafting and reviewing Terms & Conditions, preparing and lodging permit applications, liaising with lottery departments and securing permit approvals. We can also provide expert and timely global advice for those international competitions and promotions through our network of agents overseas.

We also advise on development and implementation of your internal regulatory regimes and compliance methods to secure your promotional campaigns from the inside out.

To round out our promotional services we also offer a range of complementary services to assist you with promotion management, including conducting and scrutineering draws, contacting winners, notifying lottery departments of results and publishing winner announcements. Partnering with us means your promotion receives on-going attention and legal sign-off by qualified solicitors with unparalleled experience in promotion law who are focused on providing creative, fast, and commercial results at a reasonable cost.

 

Promotional Services

Anisimoff Legal offers a range of additional promotional services to clients to help to ensure that their promotions run as smoothly as possible.  Some of the services we offer are:

Draws

  • Conducting electronic/manual draws, at our offices or at an external draw location
  • Scrutineering electronic/manual draws, at our offices or at an external draw location
  • Provide required paperwork for Lottery Departments regarding the draw/s and scrutineering

Winner Notification

  • Notify the Lottery Departments of winner/s details
  • Provide winner notification letter to the winner/s
  • Publish winner notice in the relevant newspaper publication

Storage / Return of Entries

  • Organise storage for entries
  • Organise courier to return entries

Trade Mark Search

We can undertake trade mark availability and clearance searches to ensure the name of your promotion is available and not infringing third party rights.

Legal Release and Indemnity

We can prepare release documents where appropriate especially for travel prizes or dangerous prizes to protect against injury or things going wrong.

Prize Supplier Agreement

It is prudent to have an agreement setting out the terms under which the prize supplier agrees to provide the prize, and licensing of prize supplier’s logos and images.

Participation Agreement

This agreement is designed to cover promotions where the winner undertakes certain tasks during the prize, such as write a story or take photos etc.

Food Law + Product Packaging

We advise on and review product packaging for consumer goods. We understand the complex regulatory frameworks including for food and beverages, nutrition and health, weights and measurements, cosmetics, sampling and other related issues. We can also advise regarding general product liability and consumer claims.

Licensing

The creation of intellectual property is the first step but just as important is maximising the value of these rights by putting in place the right strategy on this, early in the process. Often these deals are just as creative and novel as the IP they cover. We advise on the best ways to secure your IP rights and the safest and most appropriate ways to exploit the licences you have from others, and have expertise in structuring and negotiating all types of arrangements for this licensing and exploitation of IP.

Digital, New Media, Social Media, PR

We stay at the forefront of changes in the industry with the advent of new technology. Our team advises on the laws and rules surrounding online service providers, and social media, and gives strategic advice regarding compliance. We can draft and review your digital services agreements, Terms of Use for apps, websites and software to ensure you are up to date and legally compliant, and advise you on all of your online or digital activities.

We also provide specialist advice in the PR industry and for PR matters including commercial advice, defamation, contract review and drafting and strategic advice for responding to publicity issues and disputes.

Dispute Resolution

We provide dispute resolution services and advisory services for disputes and relationship management with competitors, suppliers and other third parties, and investigations and dealings with regulators and statutory authorities.

Start Ups

We specialise in providing all-round assistance to start up companies including the establishment of business structures, putting in place all of your agreements and documentation, and related strategic advice from inception of your idea, building out your team, through to creation of MVP and beyond. We provide tailored solutions and understand how important it is to get to know just how your individual business operates and will operate, even before it is a business.

SC

In addition to all of the above, we can also offer a range of administration-only promotions support services conducted by our Simply Permits brand, which is aimed directly at high volume, cost-conscious promotions clients.

For more information on Simply Co please visit simplyco.com.au.

 

Complimentary Seminars

We offer our clients complimentary seminars and workshops that can be tailored to suit their needs. If you have some new account staff or have just taken on a client in a new industry and would like a refresher on the legal issues, or if you would like to get your team together for an update on the latest developments and hot topics, call us and we can arrange a suitable time.