Marketing and Promotions

In today’s competitive climate, marketing and promotions, including advertising, sweepstakes contests, email, direct mail, and other promotional activities, are vital to a company’s ability to establish and grow its brand. Such activities, however, should be undertaken with care and reliable counsel. AGG clients routinely retain our services for review of advertising campaigns, product packaging and labeling materials, and various marketing and promotional materials to be used in print, radio, television, internet and social media platforms. In reviewing advertising and marketing materials, AGG not only ensures the proper use of our client’s own intellectual property, but we also address the use of the intellectual property of others. To that end, AGG has extensive experience with the review and negotiation of marketing, media and licensing agreements. AGG also routinely reviews marketing and advertising materials for false advertising concerns, to ensure that our client’s materials stay within legal boundaries with respect to various government laws and regulations.

Whether you’re telemarketing, advertising, or using the internet, digital or social media, every business needs to know about the laws and regulations that govern how these types of marketing programs may lawfully be conducted. Over the last few years, the proliferation of mass media has afforded businesses an increasing number of opportunities to reach their target audience and generate revenue. In response, state and federal governments have enacted laws and regulations to address the issues associated with such activities. Promotional materials that mislead consumers, personal information collected in databases that are sold to third parties, and invasive marketing strategies are just some of the activities that have sparked aggressive regulatory action. Companies wanting to understand the regulatory landscape of marketing programs and avoid costly investigations, fines, and business disruption, look to AGG’s Marketing and Promotions Team for counsel on how to plan and execute programs that comply with applicable state and federal laws. AGG represents businesses engaged in direct marketing, advertising and promotion agencies, advertisers, media companies and Internet companies in all aspects of growing their businesses.

Our attorneys work with clients in the following areas:

Interactive Marketing

Our experience includes the review of Web site content, including digital and social media, online advertising, promotions and sweepstakes; the drafting of licenses for the use of music, talent and various audio and visual materials in film, radio and television; advising clients regarding potential liability issues for online content providers, the negotiation and drafting of agreements for the development, hosting and linking of Web sites; and the negotiation and drafting of Internet service agreements and software licensing agreements.

Sweepstakes, Sponsorships and Other Promotions

We assist clients in the development and review of advertising and promotional materials, including the development and registration of sweepstakes rules, contests, coupons, gift cards and rebate offers, and other promotions offered through various media formats. We negotiate and draft co-marketing, sponsorship, and agency agreements.

Direct Marketing and Telemarketing

We represent businesses that are engaged in business-to-consumer marketing with respect to federal and state law compliance matters, including the review of marketing collateral and other promotional materials, do not call statutes and state laws requiring registration of telemarketers.  On an on-going basis, we analyze federal and state laws concerning telemarketing, email marketing and sweepstakes for various clients.  In addition, we review the content of electronic mail advertising and advise them on various state and federal laws.

Privacy

Many promotions generate leads that are then used to create a database of customers and prospective customers.  We advise clients on a wide range of data privacy matters, including Internet privacy, financial privacy, healthcare privacy, telecommunications privacy and international data protection.

Intellectual Property

We advise clients with respect to the adoption, use, monitoring, protection and acquisition of patents, copyrights, trademarks, service marks, trade names, trade dress and Internet domain names with respect to their promotions.

Litigation and Regulatory Actions

We prosecute and defend claims of misleading and deceptive advertising in federal and state courts. We also defend advertisers against claims asserted by the Federal Trade Commission, various state attorneys general, the National Advertising Division of the Better Business Bureau and other industry and governmental regulatory agencies.

Our attorneys counsel a wide variety of clients that include Fortune 500 companies, print and digital publications, the radio, television and film industries, nonprofit corporations, advertisers, telemarketing and promotions agencies.