Advertising and Marketing

Our services include:

IP/Trademark

• Reviewing advertisements and product labels and packaging for trademark issues, including avoidance of third-party issues and proper trademark usage
• Preparing and negotiating sponsorship/product placement deals and related licensing agreements
• Handling dispute resolution arising in the advertising context, including trademark and copyright infringement and false advertising claims
• Developing overall IP strategies to help maximize the value of clients’ brand portfolios
• Reviewing certification mark programs
• Advising clients regarding patent-marking issues
• Review of pharmaceutical patents for Federal Drug Administration (FDA) Orange Book listing eligibility
• Advising pharmaceutical clients regarding off-label marketing

Agency Relationships

• Negotiating and drafting agency-of-record and limited-agency agreements for creative, packaging, public relations, digital, and media
• Developing project-based service agreements for specific agency tasks, such as managing a group of independent bloggers or implementing cross-platform advertising campaigns
• Assisting clients with agency review and request-for-proposal projects
• Incorporating third-party agency terms into first-party service agreements to protect brand equities while allowing the agency to exercise day-to-day control

Internet and Social Media

• Advising clients regarding the risks and payoffs for advertising on Instagram, Facebook, Twitter, and other social platforms
• Assisting with threat models and response strategy for social-listening programs
• Helping clients develop privacy policies, website terms of use, and customer loyalty programs
• Drafting cross-license agreements between advertisers and app developers for experiential marketing and augmented reality campaigns
• Negotiating agreements for first-party data matching and profile augmentation
• Developing agreements to implement programmatic strategies, including retargeting and lookalike targeting in markets for display ads and online video
• Drafting terms for paid content generation to require compliance with Federal Trade Commission (FTC) guidelines for sponsorship disclosures
• Providing guidance regarding email marketing campaigns and CAN-SPAM regulations
• Developing multiparty agreements for reporting performance metrics of pre-roll ads on YouTube, Hulu, and other platforms
• Negotiating production agreements for commercial video production, including brand equity licensing and SAG-AFTRA union obligations
• Drafting agreements with athletes, performing artists, and other influencers that integrate product endorsements with video, live appearances, and social media

Sweepstakes/Promotions

• Reviewing sweepstakes, contests, and business promotions for compliance with state, federal, and international regulations
• Negotiation and review of agency agreements with third-party sweepstakes managers

Green Marketing

• Reviewing advertisements for compliance with various FTC guidelines, including Green Guides
• Reviewing product labels and packaging for compliance with FTC guidelines and applicable federal and state laws

Franchise

• Reviewing advertisements in the franchised business context for compliance with franchise laws

False Advertising, Right of Publicity, and Lanham Act

• Handling litigation involving false advertising claims
• Handling litigation involving rights of publicity in the advertising context
• Reviewing product endorsements under federal and state laws and regulations
• Defending clients in false advertising matters before the National Advertising Division of the Council of Better Business Bureaus