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Dan Smith

Director
Dan Smith

Experienced in the legal issues which can arise when brands engage in promotional activity: advertising compliance and copy clearance; sponsorship transactions; regulatory investigations and disputes on comparative advertising. I specialise in brand and intellectual property licensing issues.

Tel: +44 (0)20 7664 0313
Email: dan_smith@wragge.com

Services: Intellectual Property
Business sectors: Automotive, Food and Drink, Healthcare, Retail, Travel

Best brains in ...

Providing innovative, commercially-sound advice on the broad range of advertising and marketing issues.

The depth of my experience in the sector means I can advise on the full spectrum of advertising and marketing issues, without calling upon a cast of thousands. This is critical for clients who need a quick and cost-effective answer to a marketing query.

Particular expertise lies in ambush marketing and Olympic issues. I was involved in advising the Mayor of London and the GLA on the contract to host the 2012 Olympic Games - the contract which Sebastian Coe held aloft from the podium in Singapore on hearing that the Games were coming to London. Part of that advice related to requirements in relation to ambush marketing, which were ultimately enacted in the London Olympic Games and Paralympic Games Act 2006. 

Since that time, I have advised and presented to both Olympic sponsors and non-sponsors on the legal regime governing ambush marketing and the use of Olympic intellectual property. This includes advising BP on its Tier One partnership deal for the London 2012 Olympic Games.

Highlight of your career so far?

The Birds Eye 'Pay Off Your Mortgage' promotion – a competition which appeared on one million packs and straddled the implementation of a new regulatory regime under the Gambling Act.

Another highlight was advising in relation to the Olympic bid. London winning over Paris was a huge moment and the fact that the contract which I had advised on was part of the coverage made it particularly special. I am also looking forward to seeing Barclays Cycle Hire bikes on the streets of London, having advised the Transport for London in connection with the appointment of Barclays as a sponsor.

The great thing about advising on advertising and marketing is that you get to see the direct results of your efforts on the television and in the street. Although reading your own small print on prize competitions is a limited thrill, it is great to see the campaigns I have advised on proving to be a success.

Most challenging job you've ever done?

Advising the Department of Health on the options for regulating advertising by NHS-funded organisations as patient choice was introduced and individual hospitals became keen to promote their expertise. 

It's a great endorsement of Wragge & Co's experience in the sector, and involved working to a challenging timetable to deliver for the client. The 'choice agenda' was a political imperative and there was some anxiety surrounding how patients may react to NHS advertising if controls were not sufficient. I am pleased to say that the resulting advertising code appears to have been a success.

What about outside the UK?

I regularly deal with international advertising issues, whether that's in relation to pan-European advertising campaigns or advising US-based clients on the impact of English law on global promotions. I'm also experienced in international advertising agency agreements and agreements with global celebrities, such as Antonio Banderas. I have been heavily involved in advising Cadbury in relation to the global arrangements under which it licenses the 'Fairtrade' mark to appear on its Dairy Milk bars.

Best example of a creative legal solution?

I pride myself on being able to deal with the ideas dreamt up by marketing teams or their agencies, however off the wall, without just saying "no". Getting in early when campaigns are being formulated helps, as does being something of a frustrated creative! In sponsorship, I have experience not just of traditional sports and event sponsorship (including Olympic, FA, Football League, music festivals), but also of more novel sponsorship properties. The Barclays Cycle Hire scheme is a good example. It will be one of London's most visible street-level sponsorships. 

How do you get under the skin of a client business?

I operate a 'hotline' advice service for a global drinks company, providing rapid responses to queries and offering second opinions. Day-to-day contact has given me a complete understanding of its business and attitude to risk, helping me to provide tailored and cost-effective advice and enabling me to step into jobs seamlessly in busy periods. For other clients, I might use a different means, but the aim is always to be seen as a trusted extension of the in-house team.

Alerts

11.04.12

Too good to be true? OFT clamps down on misleading promotional offers

70% off! All you can eat for just £3! Two for the price of one! Free voucher worth £69.99! In difficult economic times, retailers reach for ever more attention grabbing offers and discounts to help maintain sales. The problem is that those offers don't always make key caveats or conditions clear.

09.03.12

The ASA rules on Mars' celebrity Twitter campaign

It's a legal requirement that adverts are clearly identified as adverts. But how do you achieve this in the space of 140 characters (the limit for posts - Tweets - on Twitter)?

25.10.11

Don't get too close - new Olympic advertising regulations

Last week, new draft regulations were published, controlling advertising in the vicinity of Olympic venues. Brands should take note that contrary to the impression media coverage may have given, the regulations are not just a crackdown on streakers.

09.07.10

Ambush marketing – did it all kick off in South Africa?

So, the World Cup is almost over. Spain or the Netherlands will be the victors on the pitch, but who has triumphed in marketing terms? The official sponsors, which have paid many millions for the privilege? Or, the companies seeking to develop an unofficial connection by ambush marketing?

 

Press releases

01.07.10

Wragge & Co appoints nine new directors

Wragge & Co has appointed nine new directors, strengthening its credentials in core and key growth practice areas.

 

Published articles

There are currently no published articles for Dan Smith.

 

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