Advertising Law

Advertising Law

Overview

Responsive Ad Law Advice

For marketing departments, obtaining legal clearance for advertising and promotions can often be a real headache. Advertising lawyers have a reputation for saying “no way” and taking a long time to do so. 

Schiff Hardin’s Advertising Law team prioritizes advertising review to give quick answers. Our clearance advice weighs potential practical risks against our clients’ business needs. In addition to providing practical advice on ad content and “fine print,” we help clients obtain rights to third party content. We have experience obtaining copyright permissions as well as working with third party content developers to acquire content for clients’ use. Our lawyers provide regular input on advertising and promotions relating to consumer goods, foodservice, manufacturing, online retail and other fields. 

Tailored Branding Arrangements

Our advertising team knows the ins and outs of dealing with celebrities, sports figures and other talent. We work with clients to negotiate favorable sponsorship and endorsement deals that balance the demands of agents and talent with the client’s expectations. We are comfortable dealing with all aspects of a deal – including venue arrangements, merchandising and dealing with advertising and public relations agencies. 

For example, we helped a major consumer goods manufacturer obtain the rights to use the likeness of a racecar driver. We helped the client navigate the driver’s scheduling issues as well as his other contractual obligations. The driver agreed to attend multiple publicity functions and to meet with the winner of the client’s sweepstakes promotion. Our lawyers worked on setting up the promotion and negotiated publicity rights across a variety of media – including blogs, online ads, print and event advertising.

Experience in Promotions

Sweepstakes, contests and promotions have become increasingly popular and effective in today’s world of social media. We have extensive experience crafting the Official Rules and disclaimers needed to run a legal promotion. We have experience tailoring contests for all major online platforms including Facebook®, Twitter® and Pinterest®. Not only do we help implement our clients’ contests and rules, but we are also on call to help should problems arise. We helped a major trade organization client deal with fraudulent online voting in a YouTube® video contest. 

Ad Law Dispute Resolution

Disputes regarding advertising content are often vetted by the National Advertising Division (NAD) of the Better Business Bureau. The non-binding, voluntary format frequently allows businesses with advertising grievances to air their disputes in an informal, professional environment overseen by neutral, experienced advertising lawyers and professionals. Our team is experienced in NAD proceedings, where we have successfully represented both complaining parties and advertisers accused of improper ad content. 

Advertising disputes are sometimes resolved in court, often pursuant to the false advertising prong of the Lanham Act. When litigating cases on behalf of our clients, we call on our experience in the nuances of federal and state laws as they relate to advertising injury claims to achieve successful outcomes.