Overview
We help clients comply with all federal, state and local rules and regulations, including FTC and FDA guidelines, as well as state and federal consumer protection laws. We also provide in-depth knowledge and guidance regarding market norms and expertise in constructing surveys and identifying evidence of substantiation required to support claims and often relied upon in private dispute resolution.
Our attorneys defend clients in proceedings brought by the FTC involving allegations of false, deceptive, and misleading advertising, as well as in actions filed by state Attorneys General for deceptive advertising and in false advertising class actions launched by consumer groups.
Review of Advertisements
We identify express and implied advertising claims requiring substantiation and provide assistance in gathering substantiation evidence and reviewing it for adequacy.
Green Advertising & Marketing Claims
We assist clients in navigating the complex web of state and federal laws and regulations governing “greenwashing” and environmental claims in advertising and marketing. We have experience with advising clients on compliance with the environmental guides set forth by the FTC and various states. Finally, we have experience in counseling clients in avoiding traps in using environmental certification by third-party agencies.
Advertising Production
We work with advertisers, agencies and their affiliated commercial production companies and studios, photographers, musicians and other content producers in all aspects of advertising campaigns. From the initial conception and idea development through post-production editing, we provide knowledgeable counsel regarding express and implied claims, substantiation, copyright and trademark usage and related issues. We also draft, negotiate and revise the contracts that govern the relationships of the various parties that contribute to a major advertising campaign. In sum, we provide the information necessary to make informed business decisions in a competitive marketplace and help negotiate the terms and relationships to get those decisions implemented.
Sweepstakes & Contests
We have deep experience guiding clients as they construct promotional campaigns including sweepstakes and contests. We draft rules, disclaimers and disclosures to ensure compliance with the complex web of state and federal laws governing promotions. We also counsel on the integration of social media outlets such as Facebook and Twitter as tools to expound or enable consumer participation. We help clients to identify legal risks and avoid legal problems relating to direct mail, telemarketing, e-mail, sweepstakes, skill contests, giveaways, coupons, rebates and other promotions.
Internet, Social Media & Cybersquatting
Under our ADMARKSM service brand, we assist clients with domain name selection and protection, online trademark misuse, electronic and other direct marketing privacy policies and issues.
Social Media
On compliance issues, clients turn to Locke Lord for advice on a wide range of laws and regulations affecting print and broadcast advertising as well as emerging and still evolving forms of digital advertising and marketing. We have counseled clients in areas such as Internet and mobile device social media advertising, green advertising, cyberstalking, keyword advertising and others.
Digital Millennium Copyright Act (DMCA)
Further, we have the strategies and experience to assist clients in complying with the Digital Millennium Copyright Act to avoid liability due to infringement, defamation and other risks of web postings by customers and third parties. We also have experience in sending demand letters under the DMCA to require website hosts and website operators to remove material that is infringing, defamatory or otherwise illegal.
Internet Website Review
Our attorneys represent clients in the review of Internet websites for copyright, trademark and product image issues. We set up programs for monitoring Internet auction websites and take action to remove infringing and counterfeit goods from those websites. We advise clients on defamation and libel issues in the context of Internet websites, chat rooms and bulletin boards.
Domain Names & Cybersquatting
We assist clients with domain name selection and protection, online trademark misuse, electronic and other direct marketing privacy policies and issues
We also are experienced in Internet domain name law. Our attorneys have represented clients prosecuting, defending or acting as a mediator in ownership disputes of over 50 domain names under the Internet Corporation for Assigned Names and Numbers’ (ICANN) Uniform Domain Name Resolution Policy (UDRP) in arbitrations before the World Intellectual Property Organization (WIPO), located in Geneva, Switzerland.
We have represented clients in court actions under the U.S. Anti-Cybersquatting Consumer Protection Act involving domain names. Our accomplishments, in particular, have been in representing clients in “in rem” actions under the U.S. Anti-Cybersquatting Consumer Protection Act, where suit is brought against the domain name itself because the holder of the domain name is domiciled in a foreign country not subject to personal jurisdiction under U.S. law.
Key Contacts
Mike Schulman, Chair of Trademark, Copyright & Advertising Practice
Paul Van Slyke, Chair of Trademark & Branding Section
Greg Casamento, Chair of Advertising & Marketing Section