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Advertising and Marketing

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Advertising and Marketing Image

Litigation

Post-Grant

Prosecution & Counseling

Fish & Richardson understands the roles that advertising and marketing play in a company’s business strategy. We partner with our clients to ensure compliance with relevant state and federal regulations and industry guidelines and, when necessary, provide litigation assistance to challenge or defend our clients’ rights. Our experience includes counseling on:

  • Advertising review for print, television, radio, telephone scripts, and website promotional materials
  • Comparative advertising and claim substantiation
  • False advertising and litigation
  • Rights of publicity
  • Sweepstakes, contests, and games
  • Federal and state laws concerning spam, email marketing, telemarketing, and other promotions

Campaign Counsel

Fish provides trusted counsel on intellectual property issues related to advertising and marketing campaigns. We regularly review advertising copy, product packaging, and other promotional materials to ensure proper use of brand names, logos, trade dress, and third-party marks. We also provide advice with respect to best practices for advertising claims to ensure that our clients’ ads are truthful and accurate. We are experienced in reviewing sponsorship agreements and licenses associated with co-branding efforts, and we advise on the legal issues related to rights of publicity and the use of user-generated content in advertising and social media campaigns. Our clients span a wide range of industries, including consumer products, video games, digital media and e-commerce, life sciences, and computers and electronics.

False Advertising and Litigation

Clients turn to Fish to defend and challenge claims of false and misleading advertising, trademark infringement, right of publicity violations, and unfair competition. Our team understands that these disputes can threaten a company’s brand and reputation and require immediate action. We have successfully represented clients before the National Advertising Division of the Better Business Bureau (NAD) and its National Advertising Review Board (NARB) and have a depth of experience with both individual and class actions in state and federal district courts, often winning early victories for our clients through temporary restraining orders or preliminary injunctions or arbitration and settlement negotiations. We have served as lead counsel to some of the most recognizable brands, with a proven track record of success.

Sweepstakes, Contests, and Games

Fish attorneys help clients structure sweepstakes, contests, and games that comply with federal and state lottery, gambling, and disclosure laws. We draft and negotiate sponsorship agreements, indemnification agreements, and other promotion-related contracts.

Spam, Email Marketing, and Telemarketing

Fish advises clients on federal and state requirements applicable to inbound and outbound telephone, facsimile, and email solicitations to homes and businesses (including DNC Registry requirements). We help clients manage risks in this heavily regulated area by preparing regional and national telemarketing compliance plans.

We have experience developing regional and nationwide telemarketing compliance plans for major corporations, including one of the nation’s leading gaming and hotel operators.


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Advertising and Marketing

Advertising and Marketing Team

What's Trending in Advertising and Marketing

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Event
November 9th, 2016 | 2:00 pm EST
Brand Activation Association's 2016 Marketing Law Conference
Brand Activation Association's 2016 Marketing Law Conference
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Fish & Richardson Named Top Trademark Law Firm for Fifth Straight Year by World Trademark Review
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