An important tool for all companies is creating ads that meaningfully engage their audience. Our lawyers help manage the behind-the-scenes details of marketing efforts so that our clients can spend more time focusing on growth and marketplace success. We resourcefully guide clients in planning their advertising campaigns to ensure compliance with all applicable laws, rules, and regulations while skillfully minimizing competitor challenges and deceptive advertising investigations. Fundamental to our approach is ensuring that all client intellectual property rights receive effective copyright and trademark protection and are leveraged through carefully drafted contracts covering promotions, placements, and agency services.
Client Portfolio: Consumer Goods, Nonprofits, and Beyond
We advise on advertising and marketing issues for major nonprofit organizations, media companies, and consumer product firms. With a team of lawyers that includes a former Deputy General Counsel with a leading broadcast organization and former adviser to a Federal Trade Commissioner on advertising and unfair competition issues, we have the hands-on experience to offer insightful advertising and promotions review and guidance.
Comprehensive Expertise for Seamless Ad Campaigns
We review advertising and promotional campaigns from the concept stage through final dissemination. Our lawyers use practical working knowledge of commercials, print media, and social and digital media to protect our clients as we review scripts, storyboards, and ad copy to substantiate express and implied claims. We also conform advertising and promotions to the applicable policies, standards, and guidelines of regulators, media outlets, and industry associations.
In particular, we advise on compliance with complex state and federal consumer fraud, protection, and disclosure laws and regulations governing promotional advertising campaigns, celebrity endorsements, and influencer marketing. We also have the extensive experience necessary to represent clients in inquiries that may come from the Federal Trade Commission, industry self-regulatory agencies, or competitor companies regarding unfair or deceptive trade practices.
Agreements Tailored for Success
Contracts are fundamental to business relationships needed for successful marketing. Fitch Even lawyers skillfully negotiate and draft a wide range of agreements including:
- advertising agency-client agreements
- talent and celebrity endorsement contracts
- influencer agreements
- production contracts
- marketing alliances and licensing agreements
- website terms and conditions
- website privacy policies
- related advertising, entertainment and media contracts
Product Placement and Brand Protection
One of our unique strengths is the drafting of product integration agreements that combine promotional effectiveness and strong brand protection by structuring scripted material that showcases our clients’ products and services in television, film, and other media productions. In any contractual arrangements, we make certain that our clients’ copyrights, trademarks, and trade dress are rigorously protected.
At every stage of the advertising, marketing, and promotion process—from initial creative concept to representation before administrative bodies and in court—Fitch Even combines industry knowledge, IP law experience, and business insight to the advantage of our clients.
Case Studies
Client: A leading global hospitality corporation
Problem: Production companies creating scripted and reality programming for broadcast and cable television offer an ideal venue for promoting hotel properties, but any such promotional effort requires complex coordination of scripting, contractual agreements, and branding and trademark protection.
Solution: Fitch Even excels at drafting product integration contracts that spell out the rights of our client to provide hospitality services for production crews and that document appropriate scripting to define how and how often client properties are televised.
Result: Our client has a major promotional presence in leading television shows.
