Advertising & Marketing

In today’s fast-moving and content-saturated world, effective advertising is critical to cultivate customer awareness, build brand equity and drive business growth. With creative advice and practical risk management guidance, Smith Anderson’s advertising law attorneys help companies market their goods and services intelligently and innovatively across multiple platforms and media. 

Our lawyers help companies with marketing compliance for their advertising before it is published, from reviewing and polishing scripts and visuals and analyzing truth-in-advertising and claim substantiation requirements to sharpening comparative advertising claims and assisting with rights clearance. Clients also look to us to help them develop product labeling, packaging and brand messaging, including advising on FTC compliance for environmental and “Made in the USA” claims. 

We counsel companies on influencer marketing agreements, endorsement guidelines, sweepstakes, social media campaigns and sponsorships. We also provide guidance on evolving digital advertising legal issues, including online and mobile promotions and privacy and data-use regulations. Clients also ask for our assistance in identifying and managing risks relating to the emerging uses and impacts of artificial intelligence (AI) in advertising and marketing. 

When disputes arise, our litigators are deeply experienced in protecting clients in advertising-related litigation in federal and state courts, as well as in proceedings before the BBB National Programs National Advertising Division (NAD) and in regulatory investigations. 

Services

• Advertising development and pre-publication review
• Assistance with claim substantiation and disclosures
• False advertising, trade dress, trademark and related litigation
• Rights clearance
• Influencer, endorsement and sponsorship relationships
• National Advertising Division proceedings
• Sweepstakes and marketing programs
• Analysis of digital advertising and privacy issues, including use of consumer data compliant with federal, state and international laws
• Federal and state regulatory guidance, including FTC standards and investigations

• Counseled numerous retailers, including Fortune 50 companies, regarding protocols for product and packaging design, intellectual property rights clearance and development and substantiation of advertising claims.
• Advised clients in structuring and negotiating sponsorship agreements with professional sports leagues, major and minor league sports teams, collegiate athletes and social media influencers.
• Assisted global fashion retailers in enforcement of copyright, trademark, publicity rights, product design and domain name rights.
• Advised clients regarding promotional sweepstakes and contests, including terms and conditions, marketing and administration.
• Defended outdoor products seller against competitor’s claims that seller’s product performance claims constituted false advertising and that seller’s product packaging infringed competitors’ trademarks, trade dress and copyrights.
• Counseled leading medical device manufacturer on FDA advertising compliance, including claim development and substantiation, as well as review of advertising copy and images.
• Lead counsel for world-renowned golf resort in multiple proceedings to protect client’s extensive trademark portfolio.
• Advised companies on compliance with FTC and state standards regarding consumer advertising.
• Defended consumer products company in proceeding before the Better Business Bureau’s National Advertising Division concerning product packaging, television advertising and comparative advertising claims.
• Advised wide range of businesses on email and SMS marketing restrictions under the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), and similar laws.
• Represented beverage company on trademark matters associated with creating and establishing new brands.
• Advised lawn and garden products company in development and pre-publication review of television, radio and online advertising.
• Represented numerous clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
• Counseled national travel company in its acquisition of restaurant chain and subsequent rebranding strategies.
• Defended large convenience store chain against trade dress infringement claims concerning fast food décor.
• Defended operator of university dining establishment against claim for trademark infringement concerning establishment’s name.