ADVERTISING AND MARKETING QUICK FACTS

Visit Venable’s new Advertising and Marketing blog at: www.allaboutadvertisinglaw.com

More than 30 attorneys focused on advertising and marketing issues in New York, Los Angeles and Washington, DC

HONORS AND AWARDS

Winner of the 2011 and 2010 Chambers USA Award for Excellence in Advertising and Marketing

Chambers 2011 USA Award

Nationwide Advertising Litigation (Band 1), Chambers USA, 2010-2011

U.S. News-Best Lawyers 2011 and 2010 "Law Firm of the Year" in Advertising Law

 U.S. News 2011-2012

    Tier 1 Advertising Law (National)

    Tier 1 Advertising Law (DC)

    Tier 1 FDA Law (DC)

Ranked among the nation’s top advertising firms in Legal 500

Attorneys with top rankings by:

    Chambers USA

    Legal 500

    Best Lawyers

CLIENT FOCUS

Advertising agencies

Consumer products companies

Direct-response advertisers

Entertainment companies

Telecommunications companies

 

MEDIA TYPES

Short-form and program-length

TV commercials

Internet

Radio

Print

Direct mail

PRACTICE FOCUS

Electronic retailing

Product development

Labeling and packaging

Advertising content

Copyrights, patents and trademarks

Privacy protection

Compliance counseling

Public policy and legislation

Deceptive trade practices

 

REGULATORY KNOW-HOW

Federal Trade Commission

Federal Communications Commission

Food and Drug Administration

United States Postal Service, Postal Rate Commission

Do-Not-Call regulations

State consumer agencies

Electronic Retailing Self-regulatory Program

Better Business Bureau, National Advertising Division

Network broadcast standards

LITIGATION FOCUS

False advertising

Unsubstantiated claims

Intellectual property rights

Direct-to-consumer marketing

Business torts

Employment

Lanham Act claims

Defense in investigations, challenges and litigation brought by regulatory agencies

 

ASSOCIATION LEADERSHIP

Venable attorneys have long-standing relationships with many industry associations, such as

    Electronic Retailing Association

    Direct Marketing Association

    Interactive Advertising Bureau

    Association of Postal Commerce

    Promotional Marketing Association

    Direct Response Marketing
 
Advertising and Marketing
effective—and legal—advertising claims


In today’s advertising environment, the boundaries between aggressive marketing and prohibited practices can be blurred. We’re here to help you find the line.

You wake up with a great idea.

You’ve thought of an exciting new product you want to sell using both old and new media—billboards, radio, television, direct marketing and email. But what can you say about it without running afoul of the regulators? Or prompting challenges by your competitors?

Could a consumer group sue you? Could you be hauled into court years from now for having failed to disclose some facts about the product? You’re wondering if it’s time to seek legal representation.

Venable attorneys know the intricacies of federal and state consumer laws. There is virtually no aspect of advertising and marketing where we haven’t played a role in shaping the rules that govern the product you are advertising.

RULES OF THE GAME: EXPECT CHALLENGES FROM SEVERAL DIRECTIONS

Advertising and Marketing image

The Federal Trade Commission has started an investigation. How do you respond?

Carefully. Deliberately. Tenaciously. Venable will help you answer the critical questions:

  • What do you do first?
  • What steps do you take to keep your options open?
  • What do you do to limit the disruption and minimize the damage?

We’ll help you to prepare a successful response. We’ll help you assess the charges and evaluate what they mean for your business.

With Venable on your side, you’re partnered with attorneys who know the terrain, so that your first response conditions an outcome that lets you continue to market your product successfully.

You want to use a sweepstakes as part of your campaign.

Great idea. Venable helps marketers use sweepstakes and skill contests to boost response rates and build customer lists in campaigns of all kinds. We can help you comply with state and federal disclosure rules and ensure your sweepstakes isn’t found to be an illegal lottery.

Someone has the nerve to copy a product you’ve spent years developing.

Venable attorneys are skilled at stopping infringements of your patents, trademarks, copyrights and trade dress.

In many cases, we’re able to negotiate licenses or royalty payments that add to our client’s revenue and profits. In other cases, we’ve been successful in litigation, including patent trials that have resulted in damage awards to our clients.

Basically, we do two things:

  1. Help clients comply with advertising regulations and other laws—so they don’t run afoul of regulators.
  2. Defend clients when a regulator or competitor attacks their products or their advertising.

Most clients employ us for both compliance and defense, depending on the campaign and the context. We can help you decide which makes the most sense for the issue you have in mind.

In a nutshell: What happens in Washington affects your business. When proposed legislation will increase your costs or limit your opportunities, you want to be heard.

And when agency officials are writing regulations you’ll have to deal with every day, they need to know your side of the story. We understand the issues you face. We’ve been part of the direct-marketing industry for nearly three decades.

Our reputation and relationships in Washington give you a seat at the table and a powerful network of contacts on Capitol Hill and across the spectrum of federal agencies.