Advertising, Promotions & Sweepstakes

Seyfarth Shaw’s intellectual property attorneys understand the need for clear, consistent — and sometimes aggressive — marketing communications that work within the ever-changing legal framework that governs advertising, labeling and promotions. We help clients comply with these laws, avoid potential liabilities and successfully challenge the advertising, packaging and labeling of clients' competitors.

In addition to working with businesses and organizations of all types and sizes, Seyfarth Shaw also represents advertising, promotion and public relations agencies and industry groups. As agency or client counsel, we have helped clients design and implement complex national and international promotions, in print and broadcast media, as well as on the Internet.

Transactions and Counseling

Seyfarth Shaw intellectual property attorneys work with clients to ensure that day-to-day practices conform with applicable laws and regulations without sacrificing the strength of their processes and messages. Among other services, we:

• Counsel clients on structuring contests and conducting sweepstakes and promotions, including drafting sweepstakes rules, registering sweepstakes, and reviewing coupons, rebates and other consumer offers.
• Negotiate joint-promotion and cross-marketing agreements relating to offline and online promotions.
• Counsel clients regarding false advertising disputes before the National Advertising Division of the Better Business Bureau and in federal and state courts.
• Counsel clients concerning federal, state and local laws involving fair advertising and promotion practices.
• Prepare and negotiate agency-related agreements, including letters of intent, retainer agreements, purchase orders, indemnification agreements and tie-in agreements.
• Develop and deliver advertising and promotions training.

Litigation

While many disputes are avoidable, litigation can, in some cases, be the most effective means of resolving clients’ issues. Seyfarth Shaw attorneys work with clients to minimize the likelihood that disputes will arise, and fight aggressively to protect our clients’ interests when necessary. Among other services, we:

• Represent clients before the Federal Trade Commission relating to unfair and deceptive trade practices, including Internet privacy matters, and before government agencies relating to product labeling and packaging.
• Litigate false advertising and unfair competition disputes in federal and state courts and before the National Advertising Division of the Better Business Bureau.