With rapid technological development and groundbreaking new media, reaching prospective purchasers through advertising and promotions has become increasingly complex, with a new set of challenges and legal risks.

Our comprehensive advertising and promotions practice provides counsel in all aspects of advertising and trade regulation law. We represent companies under investigation by government agencies for unlawful advertising and sales practices and litigate unfair competition claims. The firm also provides advice in marketing and promotions activities, including:

  • Advertising review
  • Promotions, contests and sweepstakes
  • Internet law
  • Telemarketing
  • Privacy protection

We assist a wide variety of clients running promotions, contests and sweepstakes, including structuring promotions to achieve our clients’ goals and satisfy applicable laws, drafting contest and sweepstakes rules, registering promotions in states and territories, and post-promotion activities such as awarding prizes, preparing affidavits of eligibility and liability releases, preparing income tax forms for winners, and securing the release of bonds.

We counsel clients regarding data collection for promotion participants and in protecting information databases to comply with privacy (e.g., financial, children, healthcare and international privacy) and consumer fraud rules.

We routinely counsel on and litigate such issues as advertising compliance and substantiation. We advise clients regarding Federal Trade Commission (FTC) advertising and labeling compliance and similar issues under Food and Drug Administration, United States Department of Agriculture, and other regulatory schemes. We have litigated numerous false advertising and unfair competition cases under section 43(a) of the Lanham Act and corresponding state laws.

Advertising

Experience Highlights

Right of Publicity/Copyright/Parody advice for Source Marketing Group
Advised Source Marketing Group on intellectual property issues related to proposed advertising campaign using parodies of current and old movie and more
Comparative advertising claims for PepsiCo and Gatorade®
Represented Stokely-Van Camp Inc., the owner and manufacturer of the famous Gatorade® brand and a wholly-owned subsidiary of PepsiCo Inc., in more
NAD proceeding for a leading manufacturer of erosion control products
Represented a leading manufacturer of erosion control products in proceedings before the National Advertising Division (NAD) of the Council for more
Right of Publicity litigation on behalf of Russian comedian
Represented Russian comedian, Evgeni Petrosyan, against satellite television broadcaster for unlicensed use of image in advertising campaign; secured more

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