Advertising is regulated by the Dutch Advertising Code and related codes such as the Advertising Code for Alcoholic Beverages, Advertising Code for the Social Media and Advertising Code for Cosmetic Products.
In addition, advertising law stipulates that advertising may not be misleading, dishonest or confusing, and must contain the information that consumers need to make an informed choice. Specific rules govern comparative advertising, which is allowed when comparisons such as price comparisons are honest, objective and representative, are not unnecessarily hurtful, and do not take unfair advantage of the reputation of a trademark.
Brouwer & Law advises companies on compliance with advertising law, and represents clients in proceedings before the Advertising Code Committee and in commercial litigation on comparative or misleading advertisements. Brouwer & Law has an in-depth understanding of case law on trademark use in online advertising (like Google Adwords or metatags).
Brouwer & Law is specialized in the review and drafting of publishing and media contracts, with specific expertise on the use of new media such as the use of social media in advertisements.
Brouwer & Law is not only focused on publishers and media agencies, but also on companies using new media in the marketing of their products.