Advertising Review and Clearance
The legal review includes:
- review of scripts, storyboards and copy that appear in commercials, print and digital media, direct mail and on social media networks;
- review of claims, both expressed and implied, and counsel regarding necessary substantiation and associated research and studies;
- review and counseling regarding comparative advertising claims and campaigns;
- counseling on proper use and form of disclaimers;
- advising on rights of privacy and publicity, trademark, copyright and other property issues and providing risk assessment where there is a reasonable possibility of legal challenge; and
- advising on coupons, rebates, discount and premium offers and related incentive offers and pricing claims.
Advertising and Marketing Transactions
Alston & Bird attorneys handle a wide range of marketing industry agreements, and members of the firm’s advertising group work closely with our intellectual property and corporate lawyers to handle many of these complex marketing transactions. This multidiscipline approach adds value by providing our clients with specialized legal expertise in marketing law and access to top IP and corporate attorneys, without ever having to go elsewhere.
Practice capabilities include:
- structuring, negotiating and drafting of agency-client agreements; media-buying agreements; talent and celebrity endorsement contracts; production contracts; music and property license agreements; contracts for co-branding, brand integration and product placements; cross marketing arrangements; joint ventures and strategic alliances; and vendor fulfillment agreements; and
- developing comprehensive legal promotions guidelines, policies and training for client implementation.
Expertise on the specific challenges of advertising and marketing regarding constantly evolving technologies has become an integral part of a full-service advertising and marketing practice. Areas of focus for Alston & Bird’s advertising practice include:
- marketing on social media networks and blogs;
- sweepstakes, games of chance and integrated consumer marketing;
- club memberships and loyalty programs;
- cause marketing and charitable sales promotions;
- testimonials and endorsements;
- marketing to children;
- viral and stealth marketing;
- privacy and data collection;
- direct-to-consumer marketing campaigns, including, e-mail, direct mail, telemarketing and mobile marketing campaigns; and
- product placements and cross-marketing opportunities.
Brand Protection and Advertising Controversies
Working with the attorneys in the firm’s intellectual property and litigation groups, the team has extensive experience with counseling our clients regarding brand protection and enforcement matters, as well as prosecuting and defending clients in advertising controversies. Our attorneys counsel clients on controversies involving false advertising, unfair competition, misappropriation, trademark and copyright infringement, breach of privacy and publicity rights, among others. This includes representing clients in proceedings before the National Advertising Division (NAD) and other self-regulatory programs.