Overview
The attorneys in Pullman & Comley's Marketing, Advertising and Entertainment practice represent advertising agencies, public relations firms, sales promotion agencies, sports organizations, entertainment companies and a number of national advertisers.
Our practice in this area focuses on advising clients regarding the design, development and execution of various consumer-related promotions and advertising campaigns, from packaging on a grocery store aisle to an influencer’s post on social media. Our goal is always to ensure compliance with federal and state laws, without sacrificing business needs or marketing goals. We have worked with clients to structure and implement prominent–and often unique–national promotions, as well as contests focused on linking a brand to a community or social issue.
Our advertising practice includes reviewing ad copy (for traditional print ads, digital ads, TV and radio) and providing advice regarding claim substantiation and other advertising-related issues. We also advise large and small businesses with crafting disclosures for mobile devices and social media platforms to comply with consumer protection laws.
We provide training seminars for our clients on claims substantiation and other legal issues to assist them in adopting “best practices” and reducing the time required to obtain legal clearance for a campaign. We help with branding clearance, including trademark clearance and registration, and copyright licensing.
Our attorneys also have negotiated hundreds of marketing, advertising and entertainment-related agreements, including agreements between agencies and their clients and between agencies and their providers.
The following highlights specific aspects of our marketing and advertising practice:
Advertising and Promotions
- Legal review of advertisements and promotions, including for compliance with CAN-SPAM, COPPA, TCPA and other consumer marketing laws and regulations
- Structuring contests, sweepstakes and other games of chance
- Preparing rules, publicity and liability releases and other documentation required in connection with contests, sweepstakes and other games of chance
- Promotions (e.g., on-pack and point-of-sale)
- Registration of sweepstakes and other promotions, including foreign registrations
- Co-venture promotions with charities
- Acquiring and maintaining trademarks and copyrights
- Obtaining the right to use consumer testimonials and other publicity rights
ADVERTISING INDUSTRY AGREEMENTS
- Licensing and merchandising agreements
- Digital media and technology agreements
- Celebrity endorsement/social media influencer/talent agreements
- Publishing agreements
- Sponsorship agreements
- Indemnity agreements
- Contracts relating to video and music production
