Companies have a variety of advertising options and platforms ranging from traditional print and television advertising, to new media means such as Twitter, Apps, YouTube, and various other digital platforms. In many instances, given that media allows for nearly instantaneous communication with a target audience, it is imperative that all issues are addressed before they become critical. The attorneys at Weintraub Tobin have handled multi-faceted, multi-platform advertising campaigns for countless clients and have guided them through the particulars of state and federal laws.

Our advertising and media attorneys provide counsel in connection with:

Brand Clearance

Our attorneys are dedicated to protecting the good names of our clients, literally. Our attorneys counsel clients on a variety of trademark issues, including searching, clearance, registration, prosecution, and protection of trademarks domestically and worldwide. We regularly conduct and supervise trademark searches and render opinions regarding the scope and validity of potential trademarks. Our attorneys also negotiate and draft agreements in relation to the exploitation and protection of our client’s brands. This includes licenses, assignments, and consent agreements. Our attorneys have extensive experience prosecuting applications worldwide.

Promotions and Sweepstakes

Weintraub Tobin attorneys have the experience necessary to assist clients in a wide variety of promotional and marketing campaigns, contests, sweepstakes, and give-a-ways. Our attorneys understand the web of state and federal laws that must be followed and guide our clients in structuring and launching national or regional advertising, promotional campaigns, sweepstakes, and contests.

Celebrity Endorsement

The use of a celebrity’s name, voice, or image to exploit a product or a service can be an extremely important aspect of product marketing and brand positioning.

Weintraub Tobin attorneys have extensive experience providing legal counsel for the production of traditional television commercials, direct response marketing, and in negotiating product placement arrangements for digital media, television, and motion pictures. Our attorneys counsel clients on a variety of legal and compliance issues related to multi-level marketing programs, electronic retailing, direct-to-consumer marketing, and direct-mail campaigns. We have extensive knowledge of state and federal laws related to retail product packaging, labeling, dietary supplements, and advertising.

Advertising and marketing have increasingly become a target for local, state, and federal regulators. “Private enforcers” wielding class action powers or private attorney general’s rights have significantly added to the complexity of navigating through the legal waters. Weintraub Tobin attorneys have the expertise to guide you through the various legal hazards, whether you are considering a product introduction, producing commercials (broadcast, digital, or print media), or a direct marketing strategy. Our attorneys are familiar with all aspects of advertising and media law, including promotions, sweepstakes, brand clearance, apps, product placement, multi-level marketing programs, infomercials, etc.

We routinely address issues of direct concern to you, including compliance issues, as well as the increasingly aggressive investigations undertaken by federal agencies such as the FTC, FDA and FCC.

FTC Compliance

  • Civil Investigative Demands (CIDs)
  • Deceptive Trade Practices
  • Enforcement Actions
  • Endorsements
  • Proper Substantiation for Claims
  • Do Not Call Registry Violations
  • Continuity Programs
  • Advertising Content
  • Misleading Advertising Claims

FDA Compliance

  • Food and Agricultural Products Labeling
  • “Natural” and “Organic” Food Claims
  • Solvent and Cleaner Labeling

State Attorney General and State/Local Consumer Agency Investigations

  • False Advertising Claims
  • False Labeling Claims
  • Lanham Act Violations
  • Sweepstakes Issues
  • Direct Response Marketing Issues
  • Direct Mail Issues
  • Infomercial-Related Advertising Issues
  • Challenges to Multi-level Marketing Programs
  • Consumer Class Actions/Enforcement Actions
  • False Advertising Claims
  • False Ingredients Claims
  • California Unfair Competition
  • California Proposition 65 Impacts on Advertising and Promotion
  • Copyright Actions
  • Design Patents
  • Trade Dress Issues

Better Business Bureau Ratings Challenge

• Dealing with Adverse Content
• Repairing/Challenging False Reports
• Working with BBB’s National Advertising Division (NAD)

Whether you are looking to respond to litigation demands – or avoid them – the attorneys at Weintraub Tobin have the depth of experience and knowledge of the industry that will best suit your needs.