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Vent: Client tried to skip the contract review last week and it bit us both | Agency Legal - SMM Buzz

Vent: Client tried to skip the contract review last week and it bit us both

Last Thursday, a new client wanted to rush into a campaign without signing our standard agency contract. I pushed back and insisted on a quick legal review, even though they were annoyed. Two days later, their vendor sent a cease and desist over a phrase we almost used in the ads. Now they're grateful I held the line. Has anyone else dealt with clients who think paperwork is just a formality?

3 comments

3 Comments

averywilliams4mo ago

Oh man, that's wild but honestly not surprising. What exactly was their reasoning for wanting to skip the review? Like, were they just impatient about getting started or did they actually think their vendor had no legal claim on that phrase? I'm curious if they even knew the risk they were taking or if they just assumed nothing bad would happen. Sounds like you saved both of you a massive headache though.

evaallen4mo ago

Tbh I gotta push back on that. Honestly, if the vendor's phrase is just something generic like "fresh picks" or "happy hours" every other business uses, skipping the review could save weeks and still be fine. Ngl, I've seen startups rush through branding and get away with it because the phrase was too common to trademark anyway. The legal risk is real for unique stuff like a made-up name or a slogan tied to a specific product, but for basic everyday words it's probably overkill. You might be overestimating how much protection the vendor actually has on that phrase.

kevin_harris784mo ago

Huh, I gotta disagree with that take. Even with common phrases, the vendor might have a state-level registration or common law rights from using it first in a specific market, and that can still cause real headaches. Saving two weeks isn't worth the risk of a rebrand or a legal bill later, especially when a quick search is so cheap.