Advertising, Marketing & Promotions

 Every time a company advertises or promotes its products or services, it faces a wide range of regulatory issues, contracts, agreements and the risk of being accused of infringing upon another’s trademark, copyright, patent or other intellectual property. Rutter Hobbs & Davidoff’s attorneys understand the nuances of advertising, marketing and promotions through traditional outlets, such as TV and radio, as well as newer avenues including social media, mobile apps, paid search and SEO.

We guide our clients in establishing sound advertising, marketing and promotional programs, including contests and sweepstakes. By addressing potential pitfalls, such as data collection and privacy issues, our clients achieve their goals while complying with ever-changing regulations. As necessary, we proactively protect our clients’ best interests by prosecuting and defending claims including unfair competition and infringement of intellectual property rights.

UNFAIR COMPETITION

• False advertising claims defense (class actions)
• Litigation in state and federal courts involving unfair competition, false or misleading advertising, counterfeiting, gray-market goods, and breaches of contract
• Restraining orders and injunctions

TRADEMARK, COPYRIGHT AND TRADE DRESS LITIGATION

• Prosecution and defense relative to infringement of trademarks, trade names, trade dress, patents, and copyrights
• Litigation under the Lanham Act and state unfair competition laws
• Restraining orders and injunctions
• Trademark Trial and Appeal Board cases
• Issue and respond to demand letters

PROMOTIONS, CONTESTS AND SWEEPSTAKES

• Draft and review of official rules for federal and state law compliance
• Advice relative to structuring of promotions to ensure compliance with state and federal laws
• Winners releases
• Gambling and lottery analysis
• Promotions via mobile and social media platforms
• User generated content promotions

MARKETING AND SOCIAL MEDIA

• Gift cards and gift certificates
• Refunds and rebates
• Continuity programs
• Social networking sites, use of social media mobile apps and user-generated content
• Marketing to children and compliance with COPPA
• Celebrity endorsement/sponsorship agreements
• Production and talent agreements

WEBSITES

• Negotiate website developer agreements
• Review website content
• Privacy policies, disclaimers, terms and conditions of use
• FTC and regulatory compliance
• Domain-name disputes and cyber-squatting
• Trademark and copyright selection, clearance, registration, and maintenance

INTERNET MARKETING AND TRANSACTIONS

• Data collection and privacy issues
• Regulatory compliance
• Online licensing and marketing agreements
• Electronic contracts

Achievements

Contacts:

Benjamin Alexander
Andrew Apfelberg
Nancy Morgan
Bernard Resser
Natasha Shabani