Marketing and Branding in Recruitment

Robert Wegenek

Squire Patton Boggs (UK) LLP

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MARKETING AND BRANDING IN

RECRUITMENT

B2B and B2C

Branding, taglines, slogans

“Above the line” : advertising in traditional media

“Below the line” : promotions, competitions, incentives

Digital : search engine optimisation, paid for search, display ads, viral, apps

Social media

Events, sponsorships, endorsements

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AREAS WE’LL TOUCH ON TODAY:

Outward facing part of your marketing and branding activities….

Creating new brands / slogans

Creating advertising without legal problems

Engaging creatives and agencies

Social media – minimizing risk

Celebrities

But not….Data

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AREAS WE’LL TOUCH ON TODAY: legal

Creating new brands / slogans

trade marks, domain names, passing off

Creating advertising without legal problems

copyright, trade marks, laws and regulations, advertising codes of practice, passing

off, data protection

Engaging creatives and agencies

copyright, contract law, apportioning risk, approval processes, cost management

Social media – minimizing risk

everything…

Celebrities

everything…

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CREATING NEW BRANDS OR TAGLINES

TRADE MARKS:

A monopolistic right

Separate trade mark registries in each country

45 classes for different goods and services (recruitment agencies – class 35)

LEGAL SEARCHES

CONSIDER WHICH MARKETS

PROTECT THROUGH REGISTRATION

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CREATING ADVERTISING WITHOUT LEGAL

PROBLEMS

THREE KEY ISSUES :

1: ACQUISITION OF RIGHTS (COPYRIGHT); and

2: USING POPULAR CULTURE IN THE CREATIVE PROCESS; and

3: INDUSTRY CODES OF PRACTICE – ADVERTISING STANDARDS

AUTHORITY

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ACQUISITION OF RIGHTS

ACQUISITION OF RIGHTS : BUYOUTS / ASSIGNMENTS AND LICENCES

- newly created material: agencies and freelancers

- sourcing existing material – music / Getty Images / internet etc.

- user submitted content

LICENCES SHOULD ADDRESS:

- media

- territory

- duration

- options for extended use

- internet use

- asset management systems

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CREATING ADVERTISING WITHOUT

PROBLEMS: POPULAR CULTURE AND

ADVERTISING STANDARDS

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ENGAGING CREATIVES AND AGENCIES

CONTRACT LAW

APPORTIONING RISK

APPROVAL PROCESSES

COST MANAGEMENT

OWNERSHIP OF COPYRIGHT

NON-COMPETE

KEY PERSONNEL

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TOP 10 MOST LIKELY PROBLEMS (PART 1) :

NOT TAKING ADVICE ON TRADE MARKS

“We’ll have to pull the brand relaunch. Apparently Apple registered it last year…”

THE NECESSARY PERMISSIONS HAVEN’T BEEN OBTAINED

Not sorting this out in advance can be expensive…

“We sourced it from the Internet”…

USAGE OF COPYRIGHT MATERIAL OUTSIDE THE AGREED SCOPE

Just because it’s in your brochure doesn’t mean you can use it on your website…

SOCIAL MEDIA

Don’t get too “social”. Remember which voice you should be using…

PUBLICATION OR RELEASE OF UNAUTHORISED MATERIAL

You’ve done what? I hadn’t cleared it with my boss…

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TOP 10 MOST LIKELY PROBLEMS (PART 2) :

PROBLEMS IN SUBSTANTIATING ADVERTISING CLAIMS

“I’m certain we’ve placed more candidates than that lot…”

DON’T UNDERESTIMATE THE CAPACITY FOR WINNERS TO COMPLAIN

“I thought that spending money was included…”

USING POPULAR CULTURE

“But I thought that David Beckham / Banksy / Simon Cowell wouldn’t mind…”

OVERSPENDING

“The Agency is planning to enter it for an award at Cannes…”

ANYTHING INVOLVING CELEBRITIES

“Do you think they’ll mention us in the newspapers as well?”

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THE SQUIRE PATTON BOGGS BRAND

MANAGEMENT PRACTICE

Clients include leading global brands, media owners, global marketing services companies, sports

rights owners and football clubs

Top rated practice in Legal 500 United Kingdom

Multinational campaign clearance: up to 40 territories via a single point of contact

360 degrees offering : brand clearances and registration, exploitation licensing and franchising,

infringements and enforcement

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Contact Info Slide

Robert Wegenek

Partner

Squire Patton Boggs

London

020 7655 1534

robert.wegenek@squirepb.com

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