Advertising, Marketing and Promotions

We at Fitch, Even, Tabin & Flannery LLP understand that advertising is an important tool to facilitate any company’s growth and marketplace success. Our lawyers resourcefully guide clients in planning their advertising and marketing campaigns to ensure compliance with all applicable laws, rules, and regulations while skillfully minimizing competitor challenges and deceptive advertising investigations. Fundamental to our approach is ensuring that all client intellectual property rights receive effective copyright and trademark protection and are leveraged through carefully drafted contracts covering promotions, placements, and agency services.

Among our clients is a globally recognized leader in the hospitality and resort industry, for which we handle IP protection in print, broadcast, and online advertising and promotion covering nearly a dozen global brands. We also advise on advertising and marketing issues for major nonprofit organizations, media companies, and consumer product firms. With a team of lawyers that includes a former Deputy General Counsel with a leading broadcast organization and former adviser to a Federal Trade Commissioner on advertising and unfair competition issues, we have the hands-on experience to offer insightful advertising and promotions review and guidance.

We review advertising and promotional campaigns from the concept stage through final dissemination. Our lawyers use practical working knowledge of commercials, print media, and the Internet to protect our clients as we review scripts, storyboards, and ad copy to substantiate express and implied claims. We also conform advertising and promotions to the applicable policies, standards, and guidelines of regulators, media outlets, and industry associations.

Our promotions counseling is fully integrated with advertising review as we draft official rules; review promotional scripts, copy, and advertising materials; and advise on all issues relating to Internet privacy protection provisions. That includes compliance with complex state and federal consumer fraud, protection, and disclosure laws governing all promotional advertising campaigns and sweepstakes. We also have the extensive experience necessary to represent clients in inquiries on unfair or deceptive trade practices that may come from the Federal Trade Commission, industry self-regulatory agencies, or competitor companies.

Effective contractual agreements are at the heart of interaction between advertising agencies and their clients. Fitch Even advertising lawyers skillfully negotiate and draft a wide range of agreements including

  • agency-client agreements,

  • talent and celebrity endorsement contracts,

  • production contracts,

  • marketing alliances and licensing agreements, and

  • related advertising, entertainment and media contracts.

One of our unique strengths is the drafting of product integration agreements that combine promotional effectiveness and strong brand protection by structuring scripted material that showcases our clients’ products and services in television, film, and other media productions. In any contractual arrangements we make certain that our clients’ copyright, trademark, and trade dress concerns receive proper protection.

At every stage of the advertising, marketing, and promotion process—from initial creative concept to representation before administrative bodies and in the courts—Fitch Even combines industry knowledge, IP law experience, and business insight to the advantage of our clients.

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