If your advertising and marketing cannot stand up to a legal challenge, your product or service will stumble. Advertising litigation is a complex field requiring careful navigation. Venable is a national leader in advertising and marketing litigation – when leading businesses need help in structuring or defending their campaigns, they turn to us.
Your advertising campaign was creative and carefully considered. Your product seemed certain to succeed, and some of the best advertising minds helped launch it with a campaign that spanned traditional and new media.
Then came the lawsuit.
A challenge to your marketing is a challenge to your product and your brand, and a threat to your bottom line. Venable has one of the most extensive and successful advertising and marketing litigation practices in the United States. Whether the lawsuit comes from a competitor, a consumer, or a government regulator, our team is considered by peers and clients alike to be one of the nation's top practices for advertising-related litigation and regulatory compliance.
Veterans of Traditional Media—On the Leading Edge of New Media
Many of Venable's litigation attorneys focus on advertising and marketing litigation. Our advertising and marketing litigators are highly sought after because of their extraordinary perspective. They have all the tools needed to litigate and win advertising cases in any forum—extensive knowledge of advertising law, deep understanding of their clients’ businesses and product/service categories, experience in the courtroom, close ties to federal and state regulatory agencies, intimate understanding of industry self-regulatory bodies, and geographic reach. Many of Venable’s attorneys have decades of experience working with the advertising industry; indeed, some of them have held senior positions in the industry and with the agencies that regulate the clients they now advise.
We represent clients that produce products, provide services, and market products in myriad industries including, but not limited to, consumer products and services, apparel, floor care, home products, quick-serve restaurants, pharmaceuticals, dietary supplements, direct response, entertainment, telecommunications, automotive, credit counseling, and debt management.
The cases handled by Venable litigators involve every type of advertising: traditional television, radio and print media; direct mail and telemarketing; retail packaging and in-store displays; cutting-edge Internet, mobile marketing, social media, viral and other word-of-mouth marketing; affiliate marketing, keyword and other search issues; and multi-level (network) marketing. With a home base in Washington, DC, offices on the East and West coasts, and ties to firms around the world, Venable has the ability to assist clients around the globe on any advertising litigation matter.
A Track Record of Success Across a Multitude of Venues
From the highest court in the nation to industry self-regulators, Venable has established a long record of success in every venue where advertising cases are heard.
Venable's successes range from unanimous, precedent-setting U.S. Supreme Court victories to self-regulatory matters at the National Advertising Division of the Better Business Bureau; from federal appellate decisions to state court class actions and false advertising claims; and from federal Lanham Act jury trials to federal district court victories against government regulators.
Venable regularly obtains and defends against preliminary injunctions and temporary restraining orders relating to advertising issues. Part of this success in obtaining and defending emergency actions stems from Venable's preemptive management and advice relating to claims, substantiation, and advertising review prior to the client launching its advertising campaigns.
Venable litigators also frequently stave off advertising-related investigations from the Federal Trade Commission, state attorneys general, and district attorneys from counties around the country. Venable assists clients in responding to civil investigative demands and subpoenas, and regularly keep clients out of litigation brought by government regulators.
- Lanham Act false advertising
- Self-regulatory matters, including NAD
- IP-related advertising litigation
- CAN-SPAM compliance
- Affiliate marketing matters
- Government litigation and
investigations, including: FTC investigations, State attorneys general investigations
- Unfair and deceptive trade practices
- Consumer class actions
- Traditional media, including
- Direct mail and telemarketing
- Retail packaging and store displays
- Internet, mobile and social media
- Word-of-mouth and viral marketing
- Affiliate marketing
- Keyword and other search issues
- Network marketing
- Apparel companies
- Banking and financial services
- Consumer products and services
- Credit counseling and debt management
- Dietary supplements, cosmetics, and functional foods
- Drugs, medical devices, and biologics
- Home products
- Hospitality and lodging
- Life sciences
- Media and entertainment
- New media