Nothing could be more essential to any business than its ability to market its products or services. Advertising has as many potential problems and pitfalls as it does the promise of increased business. This department of the firm, headed by Partner Eric Vaughn-Flam and Senior Associate Jeremy Kaplan, is experienced in intellectual property, the cornerstone of advertising law, covering false advertising claims, Lanham Act, as well as 1st Amendment, defamation, right of publicity, internet law and related advertising regulatory matters.

Lanham Act Claims
Section 43(a) of the Lanham Act, is the federal law which prohibits false or misleading claims in national advertising. The firm’s advertising lawyers have successfully brought or defended a range of advertising cases competing in a range of industries. Our clients will benefit from the strategic insights and innovative approaches we have implemented for famous brands across industries.

FTC Claims
Business routinely face false advertising and unfair competition claims brought by the Federal Trade Commission (FTC), state Attorneys General, as well as disputes between customers and their competitors. Our attorneys will assist businesses and advertising agencies defend investigations commenced by federal and state government agencies regarding potential false or deceptive advertising, or illegal sales or marketing practices. No matter what type of advertising challenge your company faces, our firm has the experience to guide you through this challenging process quickly to enable you to keep your focus on your customers and the success of your business.

NAD and NARB Claims and Appeals
Client’s advertising issues routinely go before the National Advertising Division (NAD) of the Council of Better Business Bureaus. This is the self-regulatory body in the United States or the advertising industry. Our attorneys will guide clients through the NAD’s resolution process to overcome advertising disputes with greater speed and efficiency than traditional litigation typically offers. If necessary, our attorneys will also represent clients before the National Advertising Review Board (NARB) when NAD decisions are appealed. Our attorneys experience will assist clients defending claims before these agencies and help strike the balance between consumer protection and free commercial speech.

Green Marketing
Green advertising has become more and more important in today’s business climate. Our attorney’s are experienced in helping clients advertise their products’ environmental and health benefits while conforming to the law and regulations that govern such green marketing claims. We enable our clients to formulate strategies for green marketing without become ensnared in the complex and ever-evolving regulatory framework. This includes a comprehensive audit of your advertising and promotional materials to make sure that your environmental claims are substantiated scientifically and therefore will attract loyal customers while avoiding inadvertent misrepresentations. We counsel compliance with the “Guides for the Use of Environmental Marketing Claims” (the “Green Guides”) and existing laws and policies established by the Federal Trade Commission (FTC) and self-regulatory bodies.

New Media
New media is particularly thorny because the law in this area is not well developed. This imposes special hazards on client investment in non-traditional forms of advertising, including: new media, messaging and social networking technologies. Our attorneys provide the guidance to navigate through these unchartered waters and enable clients to develop strategies integrating traditional and new media platforms.

Promotions
Promotions, including sweepstakes, contests, charitable campaigns, gift card programs, endorsement and sponsorship deals and a variety of other incentives are a unique form of advertising with its own set of rules and regulations. Clients wishing to bring promotions for their products are well advised to consult with our experienced promotions law practitioners. Our attorneys enable you to promote you products or services while at the same time comply with applicable legal or regulatory challenges.