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Advertising, Marketing & Sponsorship

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The advertising and marketing sector is diverse and dynamic, with creativity and resourcefulness at its heart. We bring that same spirit to the work we do for our clients in the sector. We assist a range of clients - small to large - across the sector above, below and through the line, including brands, agencies and publishers.

Our brand clients range from leading global brands to disruptive newcomers. Our agency clients range from advertising, media buying and branding agencies, through to PR, outdoor and market research, and digital agencies. On the publisher side, we work for a number of ad-funded global media owners where advertising revenue is critical to the success of their business.

We are used to working with innovative people, with tight deadlines, and where creativity pushes the boundaries. They choose lawyers who are responsive, pragmatic and who understand what they need, the key issues impacting their market and share their passion.

We bring these same qualities to the work we do for brands and media owners. We provide specialist marketing and advertising advice to all sectors, built on our market-leading understanding of the media sector and of the technology which increasingly drives advertising both on and offline.

Leading expertise

We have expertise in all aspects of advertising and marketing, acting for brand owners and agencies, from dealing with complaints and disputes to helping clients to achieve their commercial objectives.

Our advertising team have market-leading experience drafting and negotiating complex global media buying deals. We have extensive experience opposite the majority of the key agency players and have acted on a number of cutting edge matters addressing the hottest topics in the sector, including transparency, effectiveness and brand safety. 

As the world of media buying becomes increasingly programmatic, our adtech lawyers will ensure that your media buying contracts are fit-for-purpose in this new technology-dependent, data-rich world.

Campaigns and promotions benefit from our intellectual property, betting and gaming, food, medicines and other regulatory expertise. Our media lawyers are used to negotiating innovative sponsorship and endorsement deals. 

We clear, protect, enforce and license brands, and focus on the protection of image rights and reputation management. We are experts in regulatory affairs including the CAP and OFCOM codes, and the PAGB, ABPI and ABHI codes. We have extensive experience of advising clients on all aspects of their advertising and marketing campaigns, including handling advertising complaints and disputes, often relating to difficult areas of comparative advertising.

We also have corporate lawyers with an extensive track record advising on acquisitions and disposals of marketing and advertising businesses. Our advice on tax, joint ventures and partnership agreements is pragmatic and perceptive.

Find out more about CMS commercial expertise.

Find out more about CMS expertise in TMT - Technology, Media & Telecommunications.

Adtech

To understand adtech, you need your lawyers to have market-leading understanding of both technology and advertising and we can offer this expertise. We live and breathe technology with a large team of technology lawyers in the top tier of the legal directories. We also have a highly respected advertising practice, advising brands, traditional and digital advertising agencies, networks and publishers. Beyond this, we have a taskforce of experts from across our technology and advertising practices that are fully immersed in the adtech market specifically. They understand the key issues impacting the sector and advise every day on innovative solutions.

To read more about our adtech practice, see our dedicated sector page here.

07/12/2023
COP28: how the law can unite, act and deliver the UN SDGs
The law, and the work of lawyers, should enable countries, communities and companies to deliver the changes needed to achieve the UN SDGs and the Paris Agreement. As COP28 urges us to unite, act and deliver, Advocates for International Development (A
25/04/2023
CMS’ interactive Digital Markets, Competition and Consumer law regulatory...
Welcome to CMS’ interactive Digital Markets, Competition and Consumer law regulatory hub. Here you will find all of the resources you need on the Digital Markets, Competition and Consumers Bill and the UK’s regulatory landscape following the Government publication of its long-awaited Digital Markets, Competition and Consumers Bill.
Law-Now: Advertising, Marketing & Sponsorship
Visit Law-Now for legal know-how and commentary

Feed

07/03/2024
Calvin Klein ad controversy: nudity, empowerment, and untargeted display
The Advertising Standards Authority (ASA) has partially reversed its controversial ruling on a Calvin Klein ad featuring singer FKA Twigs, prompting questions about censorship, objectification, and the...
24/01/2024
Upheld – ASA Ruling on Buzz Group LTD
In the latest example of the new strong appeal rules in action, on 3 January 2024 the ASA issued a ruling which was upheld concerning a post on Buzz Group Ltd’s (“Buzz Group”) Facebook page (the...
19/01/2024
Greenwashing: Stricter EU rules on environmental marketing ban misleading...
On 17 January 2024, the European Parliament voted to adopt the Directive on Empowering Consumers for the Green Transition (the ECGT Directive), which seeks to protect consumers from various misleading...
12/01/2024
A new tool in the fight against online infringement
Online infringements and domain squatting are challenges often faced by businesses and tackling such issues has been made all the more difficult in a post-GDPR world where most publicly available domain...
12/12/2023
Environmental claims continue to be a key focus area for the ASA after...
Last week, the Advertising Standards Authority upheld three complaints about environmental claims in advertisements published by three different airlines, finding all three misleading. The ASA identified...
05/12/2023
UK ICO enforcement threat for gambling companies failing to comply with...
On 21 November 2023, the UK Information Commissioner’s Office (“ICO”), the UK’s data protection reg­u­lat­or, is­sued a statement warning that websites face enforcement action if they do not make...
04/12/2023
Environmental whistleblowing
In­tro­duc­tion Cli­mate change poses risks to businesses, stakeholders and individuals alike. Many individuals are becoming increasingly concerned with the climate crisis and want to work, and do business...
30/11/2023
Mecca Bingo faces criticism over Instagram ad implying gambling boosts...
Mecca Bingo has recently found itself in hot water following a complaint about one of its Instagram ads (“the ad”). The Advertising Standards Authority (“ASA”) upheld the complaint, asserting...
22/11/2023
Another grilling: General Court goes against HALLOUMI and strikes down...
IntroductionTwo years ago, we commented on the difficulties that Cypriot cheesemakers faced when attempting to oppose the registration of a figurative mark containing the word BBQLOUMI, relying on EU...
17/11/2023
Proposed legislation would radically expand the UK’s class action regime
15 November 2023 saw publication of two proposed amendments to the Digital Markets, Competition and Consumers Bill that would have significant impacts on the UK’s class action regime:First, a proposed...
10/11/2023
Part 1 of our 7-part series on the First Reading version of the Media Bill...
In this article we discuss Part 4 of the Media Bill, “On-Demand Programme Services”, and how it compares to Part 4 of the draft Media Bill published earlier this year.Back­ground­When the draft Media...
10/11/2023
Upheld – ASA consider Gary Neville and Anthony Joshua to be of strong appeal...
On 1 October 2022, a new gambling advertising rule was introduced (a summary of which can be read here) which strengthened the obligations on gambling operators to ensure the content of their ads is...