Advertising and Marketing
Intellectual Property

Advertising and Marketing

Our IP attorneys provide a number of critical services that enable clients to minimize business and legal risks when promoting their goods and services in an increasingly complex legal landscape.

  • Reviewing and clearing advertisements and promotional materials
  • Negotiating and drafting critical agreements, including trademark and brand licenses, copyright licenses, music licenses, sponsorship agreements, talent and endorsement agreements, advertising contracts, agency services agreements, media buying agreements, and other complex strategic alliance agreements
  • Ensuring legal compliance for marketing and sales practices including the Telemarketing Sales Act, CAN-SPAM Act, and other FTC regulations
  • Counseling on relevant state and federal statutes, including Lanham Act provisions governing false advertising, Digital Millennium Copyright Act (DMCA) provisions protecting service providers for the infringing activities of their users and other third parties on the Internet, and Children’s Online Privacy Protection Rule (COPPA) provisions governing how websites and online services may interact with children under 13 years of age
  • Counseling on legal risks associated with social networks and blogs, including drafting and implementing social media policies
  • Counseling on development and compliance for sweepstakes, games and contests
  • Counseling on privacy issues, including drafting and implementing website Terms & Conditions, Privacy Policies, and Cookie Policies to ensure compliance with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other data protection laws
  • Enforcing and defending our clients’ rights before state and federal agencies, such as the USPTO and the FTC, and state and federal courts throughout the United States

Our IP attorneys collaborate with our attorneys in other practice groups to develop and provide guidance on a variety of matters where IP rights intersect with advertising and marketing, including franchise law, technology licensing, privacy & data security, and social media.