Our practice group is well equipped to handle clients’ most sophisticated legal needs. DLA Piper has a team of lawyers, many of whom have backgrounds in advertising, marketing, business, and government enforcement and who serve a wide variety of corporate clients, from Fortune 100 companies to nationally recognized advertising agencies and promotion houses.
Our strength comes from our experience in a range of advertising subareas, from Federal Trade Commission regulations to broadcast network standards, from sweepstakes and gaming laws to unfair competition and trademark infringement. We negotiate transactions and litigate disputes in state and federal court. We resolve challenges from government regulators and challenge competitors before the National Advertising Division of the Better Business Bureau. We counsel clients on a full range of issues, from the legal review of advertising copy to large scale audits of corporate trade practices. We negotiate sponsorship, licensing, and agency agreements; review comparative advertising for false and deceptive claims; design sweepstakes and contest promotions; review rebate, coupon, and gift certificate issues; and review packaging and product labeling for compliance with health and safety regulations.
Our experience includes the following areas:
Advertising Copy
Legal review of advertising copy, radio and telemarketing scripts, and television advertising for compliance with state and federal regulations, claim substantiation, trademark and copyright infringement, right of privacy and publicity, and network broadcast standards.
Comparative Advertising
Analyze comparative advertising, resolving disputes, and challenging or defending such advertising in federal court or before the National Advertising Division of the Better Business Bureau.
E-Commerce
Counsel clients and negotiate appropriate agreements together with the firm’s Information Technology group and E-Commerce and Privacy group.
International
Collaborate with our DLA Piper colleagues overseas as well as our foreign associates to clear and review cross-national advertising and promotions, including comparative advertising issues, sweepstakes and gaming issues, and nation-specific trade regulations.
Internet
Audit and review advertising copy, privacy policy issues and e-commerce issues, including warranties, electronic contracts, children’s privacy, data mining, hyper-linking, domain name disputes, meta-tags, and copyright and trademark infringement.
Litigation and Dispute Resolution
Litigate and mediate false advertising, trademark, trade dress, and copyright infringement claims in federal court and before administrative agencies.
Marketing Agreement
Draft and negotiate various marketing agreements, from sponsorship and talent agreements to character licensing and advertising agency agreements.
Packaging and Product
Review packaging and product labeling for compliance with state and federal health and safety regulations.
Rebates and Coupons
Review rebate and coupon offers for compliance with state and federal regulations and address coupon fraud and rebate mis-redemption issues.
Sweepstakes and Contest Promotions
Draft rules and releases and review promotional copy for consumer and trade promotions, including games, skill contests, and sweepstakes, and register chance promotions with appropriate state agencies.
Trade Practices
Audit and review corporate trade practices for compliance with federal and state consumer protection regulations, including reference pricing, credit, consumer warranties, direct mail, product labeling, negative option plans, telemarketing, and deceptive sales practices.