Advertising & Marketing

Trademarks and copyrights are the building blocks of a brand. Developing brand awareness is a function of strong advertising and marketing campaigns. Collen IP attorneys work with clients to ensure these campaigns are legally compliant. Whether launching a traditional print, radio, tv, or direct mail campaign, or seeking to utilize powerful e-commerce and social media platforms, our lawyers help clients deliver their marketing messages while ensuring legal compliance.

The advertising marketplace is governed by a complex maze of statutes and regulations from the FTC, FCC, FDA, CPSC, and federal and state legislation. Collen IP is constantly monitoring the legal landscape for new regulations.

We like to be involved early in the creative process. As the brand develops its claims and messages, we help clear copy and review claim substantiation to ensure that claims are neither deceptive nor misleading. We advise clients on implementing marketing techniques that impact sales, such as advance consent marketing, negative option offers, pricing techniques, coupons, rebates, and loyalty programs.

In addition, promotions are powerful tools for generating brand loyalty and enhancing sales. Collen IP offers a full array of legal services related to sweepstakes, skill contests, premium offers, and gift cards. Our attorneys can help structure the promotion, draft rules and disclaimers, advise on registration and bonding requirements, and draft winners’ affidavits and notifications. If a client’s promotion encounters a problem, Collen IP is ready to advise on the best resolution to avoid regulatory action.

Collen IP also offers a comprehensive understanding of the cutting edge legal issues associated with advertising and marketing in e-commerce, on social media platforms, and on mobile devices. Our attorneys guide clients to devise social media and mobile promotions that work from a business and legal perspective. As intellectual property specialists, Collen IP offers comprehensive guidance on user generated content. With deep expertise in privacy issues, we similarly advise clients on the legalities of using geo-location marketing tools.

In association with advising on advertising and marketing programs, Collen IP delivers full transactional support. Our attorneys regularly negotiate, draft, and review vendor agreements, licensing agreements, purchase orders, and all other business contracts.

We also offer specialty advice on advertising that presents unique regulatory issues, such as advertising to children, “green” claims, food and health claims, and jewelry advertising.

Our litigators are prepared to assist with comparative and false advertising claims, Lanham Act claims, and NAD and network challenges.

In a global marketplace, Collen IP is uniquely positioned to reach out to its available network of foreign counsel and deliver legal advice that transcends borders. This is a crucial benefit as clients develop advertising and marketing campaigns on the Internet that reach consumers beyond the United States.