The business has never moved faster or been more legally complex. Mistakes can be costly.
If you are involved in advertising or marketing, regardless of the medium, you need the freedom and protection to get your message across when and where you need it.
At DWT, we help you navigate the complex legal issues in the advertising and marketing field while maximizing creative opportunities. We routinely counsel clients on the entire range of legal issues involved in creating and disseminating advertising and marketing materials, including intellectual property, consumer protection, false advertising, defamation, privacy and publicity, and are well-versed in the relevant industry practices and regulatory priorities. We have a long history of involvement in the advertising field: 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 over a decade.
Diverse industry expertise
We represent a broad cross-section of companies in the advertising and marketing field, from multi-national advertising agency conglomerates to Fortune 100 companies, including the following:
- Some of the world’s largest advertising, marketing and public relations companies
- Local and national advertisers in virtually every market category, including major retailers, pharmaceutical manufacturers, financial services companies, restaurant chains, technology companies, and manufacturers of a wide range of consumer products
- Television networks and newspaper, magazine and book publishers
- Internet, eCommerce and telecommunications companies
Spectrum of services
Pre-publication review of advertising and marketing materials
Words and images are powerful, but so too are the rules governing their use. Because we have been representing clients in this business collectively for well over 100 years, we are particularly adept at spotting potential issues in the prepublication review process, long before claims arise—from early concepts through the completed ad or campaign. We know what to look for, whether the issue involves claim substantiation, copyright, trademark, comparative advertising claims, testimonials, or compliance with relevant laws, regulations and industry guidelines. We also search, clear, register and protect brand names, logos and other trademarks. Our clients also turn to us for help clearing commercials with television networks.
Negotiating and drafting agreements
We handle all of the contracts involved in the production of advertising and marketing materials, such as licenses for the use of music, photographs, and other copyrighted works, sponsorship, co-marketing and product placement agreements, talent contracts (where our familiarity with the relevant collective bargaining agreements is particularly important), production agreements relating to entertainment marketing events, and agreements between agencies and their clients.
Dispute resolution
We have extensive experience litigating false advertising, Lanham Act, copyright, trademark, defamation, privacy and related matters on behalf of advertising agencies and advertisers in the federal and state courts. In addition, we regularly represent agencies and advertisers before the major 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.
Branded entertainment
Drawing on our many years of experience in the traditional advertising and entertainment industries, we regularly advise clients on promotional arrangements that take place where those industries intersect. This includes representing brands, advertising agencies, film and television studios, television networks, and product placement and entertainment marketing firms in structuring brand integrations, sponsorships, cross-promotions and other branded entertainment projects.
Advice on direct marketing, telemarketing and “spam” laws and regulations
Reaching your target market is important, but today’s consumers are more savvy and protective of their privacy than ever before. We regularly advise clients on direct marketing issues, including compliance with the ever-evolving federal and state "spam," wireless marketing, "junk-fax" and direct mail laws. Our telemarketing expertise also runs deep. We represented the American Teleservices Association in challenging the FTC's amended telemarketing sales rule and the FCC’s rules under the Telephone Consumer Protection Act, and have represented clients in telemarketing rulemaking proceedings before both agencies and in challenges to state "do-not-call" laws.
Contests and sweepstakes
The federal and state laws governing contests and sweepstakes are constantly changing. Our clients rely on us to help them structure contests and sweepstakes and comply with the myriad of applicable federal and state laws. We understand the necessity of quick turn-around when it comes to promotions, and provide creative solutions that make good business and legal sense on a prompt basis, whether drafting rules or releases, reviewing promotions-related ad copy or in-store materials, or advising clients on state registration and bonding issues. Our lawyers have long been active in the Promotion Marketing Association and we closely track the legislative developments in this area. We also have extensive experience advising clients on state, federal and international laws relating to online gaming and compliance with gambling laws.
Online issues
Leveraging advertising, sponsorship and eCommerce opportunities is critical to a website's survival. We have extensive experience with online advertising sales agreements, joint marketing agreements, sponsorship agreements and other marketing arrangements. We also handle eCommerce related transactions including sales-agent and reseller agreements, commission-sales arrangements, barter agreements, and other arrangements for the online sale of goods and services. We also regularly negotiate agreements for all of a client's "back end" needs, including customer support, payment processing, warehousing and fulfillment.
DWT advantage
A full-service business and litigation law firm, Davis Wright Tremaine offers comprehensive legal services to clients in the advertising, marketing and communications field. We place a high premium on personal service, responsiveness and cost-effective practical counseling. Our clients value these attributes. We welcome the opportunity to meet with you and discuss innovative strategies for your immediate and long-term needs.
We look forward to working with you.
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