Advertising
Our clients turn to us to understand the details that must be addressed in preparing advertising, from accuracy and substantiation to the laws of each state applicable to sweepstakes and promotions. Sonnenschein's Intellectual Property & Technology attorneys have provided counsel for advertising campaigns of all types in all media, including e-mail, online and mobile marketing campaigns. We also bring and defend claims of false and misleading advertising in our clients highly competitive markets.
Comparative Advertising: Nothing captures consumers' interest quite like a well-produced ad that ranks or compares similar products. The comparison usually seems credible, and aimed at educating consumers and saving them time and money.
However, constructing and defending a legitimate comparative ad campaign are complex undertakings, requiring thorough knowledge of advertising law and how it intersects with trademark and copyright issues. Our attorneys have counseled our clients to ensure that their advertisements are accurate, and, equally important, that products are fairly represented in comparative ads. We screen clients' ads for compliance with applicable regulations, such as those from the FDA or FTC. We also address issues in online comparative shopping sites.
Sweepstakes & Promotions: Many of our clients develop contests and sweepstakes, or offer incentives and coupons, that are designed increase interest and excitement.
Sonnenschein's experience includes counseling and structuring skills contests and chance sweepstakes, both of which can raise important issues such as alternate means of entry, adequate disclosure of prize awards and chances of winning, consent or misappropriation of a contestant's or celebrity's likeness, and validity of disclaimers. We also are well versed in the regulations applicable to more specialized promotions, such as those targeted at children, involving travel, or making use of the Internet. We have experience in promotions involving YouTube, NASCAR and fashion design
With this level of complexity and regulation, clients need an experienced attorney who understands the common and not-so-common traps that can undercut the most inventive promotions, and recognizes when a promotion needs to be refined. Our sweepstakes and promotions experience includes not only structuring the promotions themselves, but also the related press releases, advertising and direct mail solicitations.
