Advertising, Marketing & Promotions

Our firm has a long history of involvement in the marketing and advertising field. We combine an experienced industry-focused team with strong practices in communications, entertainment and intellectual property to advise our clients on the full range of legal issues relating to their marketing and advertising activities.

Davis Wright Tremaine represents a broad spectrum of clients in this area, including multinational advertising agencies, leading media and entertainment companies, digital marketing agencies and production companies, and Fortune 100 companies. One of our attorneys co-authored the leading guide to advertising and commercial speech, and we have filed amicus briefs on behalf of the advertising industry and media in every significant First Amendment commercial speech case before the U.S. Supreme Court for more than a decade. Our attorneys are active participants in industry groups and speak regularly at conferences, seminars and other events hosted by organizations such as such as the Promotion Marketing Association, the Media Law Resource Center, Promax|BDA, the American Conference Institute, the Digital Music Forum and the National Advertising Division of the Council of Better Business Bureaus.

We collaborate closely with our clients to provide thoughtful strategies, quick answers to pressing questions, creative transactions, and vigorous defense of their rights when challenged by regulators or competitors. Services include:

Advertising

• Negotiating and drafting agency-client agreements
• Reviewing advertising and promotional materials prior to publication, at all stages of production
• Advising clients concerning claim substantiation, including design and review of consumer research and testing procedures and results
• Obtaining licenses to use music, photographs and other copyrighted works
• Clearing brand names, logos and other trademarks
• Assisting clients in clearing commercials with the major television networks
• Counseling clients with respect to guild and union issues, including inquiries and audits by the Screen Actors Guild

Disputes and regulatory proceedings

• Litigating claims of false advertising, copyright and trademark infringement, defamation, invasion of privacy and related matters
• Representing advertisers and agencies in proceedings before the major television networks and self-regulatory bodies such as the National Advertising Division of the Council of Better Business Bureaus and the Children’s Advertising Review Unit
• Defending advertisers against claims by the Federal Trade Commission and state attorneys general

Contests, sweepstakes, games and other promotions

• Drafting rules, releases and disclosures
• Reviewing promotions-related ad copy and in-store materials
• Providing advice regarding state registration and bonding issues
• Negotiating and drafting agreements with prize suppliers, promotion agencies and fulfillment houses
• Counseling regarding rebates, gift cards, and consumer loyalty and incentive programs
• Assisting clients in compliance with laws relating to regulated industries and products, such as banking, gasoline and alcohol
• Advising clients concerning gambling laws

Branded entertainment

• Negotiating agreements relating to product placements, brand integrations and sponsorship of concert tours, television programs and other entertainment events and properties
• Representing clients with respect to co-promotion agreements 
• Structuring deals relating to advertiser-funded entertainment properties and initiatives, including the production and distribution of branded content
• Negotiating celebrity endorsement agreements
• Assisting with clearances and licensing arrangements with respect to the use of music across all platforms

Direct marketing/telemarketing

• Advising clients on federal and state spam, junk fax, wireless marketing and telemarketing laws 
• Representing clients in rulemaking proceedings and challenges regarding direct marketing regulations
• Counseling magazine publishers regarding direct mail solicitations, including with respect to sweepstakes and promotions, continuous service/negative option considerations as well as generally with respect to direct-to-consumer issues (including email, fax and telephone solicitation)