What does a marketing attorney do?
A company that uses trademarked materials, uses brand strategy in its daily operations, and uses the media for presentation of its brand and products and services would potentially require the services of a marketing attorney. A marketing attorney is responsible for the daily legal issues involved in brand strategy and the execution of advertising for a company. The company’s main objective is to negotiate agreements and monitor compliance by others with sponsorship issues and licensing of materials.
Many times, the marketing attorney has a pivotal role when the company finds a violation of their efforts to trademark and brand their products and to sell licenses to others. A well-known company in particular must protect its interests and pursue legal action against others who are misusing their name, representing their likeness, or using their trademarked properties without permission. Depending upon the extent of the infringement issue, the attorney may be drafting letters, making contact, and pursuing legal action if necessary to gain the attention and subsequent compliance of the accountable party.
The marketing attorney also deals with ensuring compliance with sponsorship in media events. These types of events usually relate in some way to sports or culture and the arts. Entertainment and marketing events and the associated risks are areas of concern for the marketing attorney. It is the attorney’s responsibility to ensure minimal risk to the company’s reputation as it places its name in the public eye.
This is an important duty for the marketing attorney, and this can represent an especially stressful part of the job. For example, an event that involves animals must be ethical in nature and not exploitative. If the company name becomes associated with an ill-fated event, it may mean that the company loses important sponsorship and advertising opportunities. It may also mean a boycott of the company’s product or service by a significant portion of its clientele, resulting in the loss of profit. The implications for the job of marketing attorney are widespread and the accountability is high.
Furthermore, when a business entity does its marketing and advertising, there are many stringent laws that must be followed. The marketing attorney is responsible to ensure that these laws are observed by the company. For example, a company making false claims about a product or service can be cited by law for this egregious act. The attorney associated with the company would oversee any claims the company makes and ensures that the claims are true and can be defended in a court of law. The safety of the product must be ensured to keep the company’s success intact.
Those who work in the marketing department of the company would have regular contact with the marketing attorney, who would set the pace for any and all advertising efforts. Any resulting disputes or claims by the consuming public would become part of the marketing attorney’s responsibilities. This role may also include dealing with any claims against the company, regarding liability for products that have malfunctioned in some way. This role encompasses many areas of business law, and the marketing attorney should be familiar with how these laws impact the marketing a company executes.
What are the qualifications of the marketing attorney?
The first and most important qualification for a marketing attorney is a law degree, which makes it possible for him to practice within the United States. The candidate for a position of this kind would have a relevant educational background, at minimum. He should be able to illustrate his interest in business law with respect to his past academic studies. A practicing attorney who has previous experience in the field of marketing would represent an optimal candidate for such a position.
Depending on the company requiring the legal services of a marketing attorney, the attorney should have a strong foundation of knowledge regarding Federal Trade Commission and Federal Communications Commission regulations which would govern much of what the company does with regard to advertising their products and services. A company that goes astray in following the laws of the FTC or FCC would likely do so if the marketing attorney is unaware of important laws governing these aspects of business. Thus, a broad basis of knowledge in this area is essential to the company’s ongoing success. There are other areas of business law which overlay a position in marketing law, including contract law and intellectual property law. Thus an attorney with a strong background in business would be a benefit to the company. He will surely utilize his expertise in banking, financial, and insurance laws as he negotiates his many responsibilities within the company.
Because the marketing attorney will likely be dealing with individuals who are infringing on the intellectual property and trademark rights of the company, an assertive nature would be essential so that the company can resolve any issues with the least amount of legal costs involved. The marketing attorney is the best advocate that the company has in protecting its rights, and ensuring that the company is representing itself and its products and services properly within the context of the various media it uses. Thus a well-versed attorney who is experienced and well-educated will fill this role most adequately. This attorney must exhibit strong verbal and written communication skills to accomplish the responsibilities associated with the position.
This type of a position is appealing to a person who enjoys a challenge and is particularly hands-on in his work style. A marketing attorney would be the face of the company in the event of a public dispute of any sort or a mishap involving a product offered by the company. This is often the person who speaks with the press to clear up misunderstandings and to make a public statement on behalf of the company.
Because of the broad nature of this type of work, the marketing attorney would need to have broad business interests and be capable of handling multiple responsibilities. Marketing attorneys are a necessary part of doing business in the United States due to the vast array of laws governing a company’s business endeavors.