Velcro uses humor to protect its trademark, insights from DC Attorney General Karl Racine, and more in this issue of Advertising Law News & Analysis

3 min

Advertising Law Tool Kit

Download Venable's New Advertising Law Tool Kit Today

Venable recently published the expanded and updated sixth edition of its Advertising Law Tool Kit. The Tool Kit is a handy desk reference designed to help in-house counsel and marketers identify and mitigate common advertising law problems. In addition to newly added topic areas, the sixth edition also includes "Be Prepared" sections, which provide overviews on how to address Lanham Act litigation, state attorney general inquiries, and Federal Trade Commission (FTC) investigations. The Tool Kit is viewable online and can be downloaded to your computer or mobile device, or printed.

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Stuck to a Velcro wall

Don't Say Velcro!

If asked to choose the subject of a fun Internet video, few would pick trademark law. However, Venable attorneys Jessie Beeber and Brian Tengel write in a blog post that in the past few weeks at least two major brands have used attention-grabbing strategies – including Internet video – to protect their trademarks, raise awareness about unauthorized use of their intellectual property, and fight the dreaded "genericide."

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Here Come the States—Insights from the DC AG

At the recent National Advertising Division (NAD) Annual Conference, Attorney General Karl A. Racine, the first elected attorney general (AG) of the District of Columbia, gave attendees an overview of the priorities of his office, as well as his thoughts on the priorities of AG offices around the country. Venable attorney Chris Crook writes in a recent blog post that General Racine's comments also touched on state-led investigations and enforcement actions, the need for greater communication between industry and the AG's office outside of the investigatory process, and the value of industry self-regulation, especially self-regulation programs with teeth.

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Official seal of the U.S. Federal Trade Commission

What Has the FTC Been Up To?

A change in administration inevitably raises questions about the priorities and direction of federal agencies. At the recent NAD Annual Conference, Lesley Fair, a senior attorney with the FTC's Bureau of Consumer Protection, reminded attendees that the Commission has been very busy this year, and outlined the FTC's key enforcement priorities that affect advertisers and marketers. In a recent blog post, Venable attorney Kristen Klesh writes that the priorities Fair outlined fall into four general buckets.

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Advertising Law Tool Kit

From the Tool Kit:

Your advertising and marketing practices have attracted the FTC's scrutiny, and you have received a subpoena or an access letter. What do you do next? In the most recent edition of the firm's Advertising Law Tool Kit, Venable partners Jeff Knowles, Amy Mudge, and Randy Shaheen provide points companies should consider when responding to investigative demands.

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November 1-2, 2017 | New York, NY

Ad:tech New York will explore how personalized, meaningful engagement has inspired a new wave of marketing strategies backed by a powerful array of technology platforms. In this post-advertising era, creative use of technology will push business ahead and deliver exceptional customer experiences. Visit Venable in Booth #148.

Schedule a meeting with Venable at ad:tech.


Association of National Advertisers/Brand Activation Association (ANA/BAA) Marketing Law Conference

November 13-15, 2017 | Chicago, IL

The 2017 ANA/BAA 39th Marketing Law Conference: Breakthrough: Legal Strategies for Dynamic Businesses, builds on its reputation as the broadest marketing advertising and privacy law conference, with deep practical legal content, fruitful networking, and major CLE credits. Presenters will be offering deep dives into all aspects of marketing and advertising law, social and digital media, IP and privacy, FTC, state AG and self-regulation (NAD, CARU), Lanham Act, and class actions, with many new sessions to be added. Hear from 135 of the nation's leading inside and outside counsel, and federal, state, and self-regulatory officials. Venable partners will be discussing complex legal issues on several panels relating to advertising litigation, loyalty programs, native advertising, influencer marketing, and user-generated content.