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Intellectual Property

Advertising

Clients turn to us for the day-to-day review of advertising and promotional campaigns from the conceptual stage through production, publication and distribution. With deep regulatory knowledge and commercially focused insights, our attorneys act as members of many creative teams, helping businesses that advertise keep their marketing collateral well within legal boundaries.

We advise clients on matters governing the relationship between advertising agencies and advertisers, as well as the risks inherent to their relationships with third-party vendors, internet service providers, production companies and performers’ unions. If needed, we assist clients in responding to regulators, challenging advertising-related claims and bringing suit against competitors that make false or deceptive statements.

Our attorneys help businesses strike a balance between what is timely and effective for their products/services and what is required of them under various state and federal laws. Whatever issues arise, we respond quickly and decisively with solutions based on both the realities of the business and the competitive environment in which our clients operate.

Service Area Contacts

  • Kimera J. Hall Profile Image
    Kimera J. Hall

    Diversity & Inclusion Committee Chair

    Dallas, TX

  • Nilesh (Neal) Patel Profile Image
    Nilesh (Neal) Patel

    Industry Team Leader

    Cincinnati, OH

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Core Capabilities

Our lawyers are experienced in handling all facets relating to advertising, marketing and media including:

  • Reviewing advertising copy/script across all mediums (e.g., TV, Internet, radio, print, social media).
  • Reviewing advertising and promotions for national network clearance rules and requirements.
  • Analyzing claim substantiation under federal and state laws and regulations.
  • Assessing and structuring surveys, scientific studies and other data for comparative, superiority and other advertising/product claims.
  • Reviewing and counseling on environmental and other “green” claims.
  • Reviewing product packaging and labeling under relevant federal and state laws and regulations (e.g., FDA, FTC Guidelines, etc.).
  • Counseling on federal, state and local laws regarding sweepstakes and contests including drafting and reviewing rules, registration and bonding requirements.
  • Reviewing and counseling on promotional techniques using interactive media, including crowdsourcing, consumer generated content and viral marketing.
  • Reviewing and counseling on use of social media platforms (Facebook, Twitter, YouTube, etc.) for advertising and promotional purposes as well as counsel on the creation of social media policies for employees and marketing.
  • Advising on best practices related to behavioral advertising and related information privacy matters and assist with compliance with federal laws and industry standards.
  • Reviewing and counseling on use of endorsements, testimonials and word-of-mouth marketing in promotional campaigns.
  • Advising on appropriate uses of third-party trademarks, copyrights and other intellectual property in advertising.
  • Searching product names, logos, taglines and slogans for trademark purposes.
  • Registering trademark rights.
  • Reviewing and counseling on compliance with telephone, email and Internet related laws and regulations (e.g., TCPA, CAN-SPAM, DMCA, CDA, etc.).
  • Drafting privacy policies, user agreements and terms of use for websites in support of website-based promotional activities.
  • Negotiating and advising on advertising representation agreements.
  • Litigating advertising/product claims in federal and state court and before federal and state agencies (FTC, FDA, Attorneys General, etc.) for false advertising, Lanham Act and related actions.
  • Challenging and defending claims before non-governmental entities including local BBB units, the National Advertising Division and Children’s Advertising Review Unit.

Representative Clients

  • ACH Food Companies, Inc.
  • Cincinnati Bell Inc.
  • Cracker Barrel Old Country Store, Inc.
  • Empower Media Marketing
  • Healthy Advice Networks
  • Hilton Worldwide
  • Northlich LLC
  • Perfetti Van Melle USA
  • Red Bull Media House North America, Inc.
  • Scripps Networks Interactive
  • Sunny Delight Beverages Co.

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