WHAT KIND OF SOLUTION DO YOU NEED?
Prepublication
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 the 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.
Advice on Direct Marketing and
Telemarketing 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," "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 have represented clients in the FCC telemarketing
rulemaking proceeding 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 turnaround 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.
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