Advertising and Marketing

A Practice Note discussing potential insurance coverage for patent, trademark and copyright infringement claims as advertising injury claims under commercial general liability (CGL) policies. It addresses the framework for evaluating whether an insurer has a duty to defend or indemnify for a particular claim and common policy exclusions. It also discusses key cases assessing advertising injury coverage for intellectual property (IP) claims.  

This Practice Note surveys the relevant US antitrust law and discusses current issues surrounding its application to customer loyalty programs including bundling, rebates or exclusive dealing arrangements.

This Note considers the statutes, regulations and voluntary codes of practice that apply to direct marketing activities.

This Note discusses key regulatory requirements and sets out practical tips for companies to consider when engaging in green marketing in the US. 

This Note provides an overview of key legal issues to consider when planning and advertising a sweepstakes or contest.  Some of the topics covered include text-to-win sweepstakes, Mobile Marketing Association requirements, consumer-generated content, and registration and bonding.

A Practice Note discussing the legal risks associated with the use of social media.

UK specific information concerning the key legal issues to be considered when conducting a sales promotion.

Germany-specific information concerning the key legal issues that need to be considered when entering into a sponsorship arrangement.

France-specific information concerning the key legal issues that need to be considered when entering into a sponsorship arrangement.

Italy specific information concerning the key legal issues to be considered when conducting a sales promotion.

US specific information concerning direct marketing laws.

Italy-specific information concerning the key legal issues that need to be considered when designing an advertising campaign.

Germany-specific information concerning issues that need to be considered when planning an online advertising campaign.

France-specific information concerning direct marketing laws.

France-specific information concerning the key legal issues to be considered when conducting a sales promotion.

Germany specific information concerning the key legal issues that need to be considered when designing an advertising campaign.

France specific information concerning the key legal issues that need to be considered when designing an advertising campaign.

UK-specific information concerning issues that need to be considered when planning an online advertising campaign.

An agreement for the purchase of advertising space in a periodic print publication. This Standard Document is drafted with terms intended to be reasonable and has integrated notes with important explanations, alternative provisions, and drafting and negotiation tips.  

An agreement for the provision of promotion and marketing services in connection with a promotional campaign for a product or service. This agreement is drafted with terms intended to be reasonable and that can be adapted to a particular transaction. This Standard Document has integrated notes with important explanations, alternative provisions and drafting and negotiation tips.

An agreement for one party to sponsor an event organized and produced by another party. Event-sponsorship agreements vary in length and complexity depending on many factors, including the type of event, number and types of promotional rights granted to the sponsor, forms of sponsorship fees or other consideration and degree of exclusivity, if any. Each event-sponsorship agreement must be tailored to suit the particular circumstances of the transaction. This Standard Document is drafted in favor of the sponsor, but aims to be reasonable and includes provisions that are common to negotiated sponsorship agreements. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

A sample form of sweepstakes rules that are compliant with New York law. These rules assume a business-to-business sweepstakes with a prize amount of approximately $500, and do not address the important considerations that may be applicable to sweepstakes open to retail consumers or that offer larger prizes. This sample form has been published as a preview of a future PLC Commercial Standard Document and does not contain typical, comprehensive PLC drafting notes. This sample form will be periodically updated.

A Checklist identifying key issues and setting out best practices that a for-profit company should consider when collaborating with a charity on a cause marketing campaign promoting the sale of the for-profit company's goods or services and the charitable cause that will benefit from these sales.

A checklist of the main issues to be considered when drafting an international sponsorship agreement.

A Checklist of issues, regulations and best practices for an online advertising campaign.

A checklist of the main issues to be considered when drafting a cross-border advertising agreement.

With the release of the FTC's revised Green Guides, marketers can expect even greater scrutiny of any environmental marketing claims they make.  Accordingly, marketers should carefully review the revised Green Guides and ensure that their claims comply with the new standards.

Online behavioral advertising programs, which target consumers based on their interests and preferences, have recently faced enhanced scrutiny from consumer advocates and regulators. This article explores the evolving legal and self-regulatory landscape of online behavioral advertising, and outlines key practical considerations for companies.

A practical guide for companies on the use of mobile marketing, focusing on how best to comply with the evolving patchwork of regulations in an increasingly connected marketplace.

Under a recent amendment to Vermont's contests and sweepstakes law, a party can now charge an entrance fee for contests based on skill.

The US District Court for the Central District of California held in Emmanuel, et al. v. Los Angeles Lakers, Inc. that, under the Telephone Consumer Protections Act, when a consumer sends a text message to a marketer, the consumer expressly consents to receiving a confirmatory text message response from the marketer.

The State of Florida has amended its law governing gambling, including provisions governing game promotions and sweepstakes run by retailers and other companies. The amendments became effective April 10, 2013.

The FTC has approved a final order settling charges that Epic Marketplace, Inc. used "history sniffing" to secretly and illegally determine whether millions of consumers had visited various websites, including web pages relating to sensitive medical and financial issues.

The FTC recently released a revised version of its online advertising disclosure guidelines. The new guidelines reflect the expanding use of smartphones and social media in marketing and advertising.

Recent cases indicate that courts will carefully examine unfavorable National Advertising Division opinions when class actions attempt to rely on them to shift the burden of proving false advertising claims.

A California state appellate court recently held a franchisor vicariously liable for misleading or deceptive statements made by its franchisees in print and television advertisements.

The FTC recently upheld an Administrative Law Judge's decision that the makers of POM Wonderful pomegranate juice products deceptively advertised their products by making unsubstantiated health and disease claims. The final order requires POM's future disease-related claims to be backed by two randomized, controlled human clinical trials and imposes individual liability on POM's officers who were personally involved in the company's marketing campaign.

The National Advertising Division of the Better Business Bureau recently released a decision holding that a trademarked phrase can be considered a claim requiring substantiation.

Four national retailers recently agreed to pay penalties totalling $1.26 million to settle charges made by the FTC that they violated the Textiles Products Identification Act by labeling and advertising rayon products as being made of bamboo.

The Federal Communications Commission (FCC) telemarketing rule requiring an automated, interactive opt-out mechanism for prerecorded telemarketing messages becomes effective on January 14, 2013.

On January 3, 2013, the FTC released an enforcement policy statement concerning the treatment of certain retailers that directly import textile, wool and fur products. The policy aims to provide the same protections for direct importer retailers as those retailers who import indirectly through third-party domestic importers under the Textile Fiber Products Identification Act, Wool Products Labeling Act and the Fur Products Labeling Act (the Textile, Wool and Fur Acts).

The Federal Trade Commission has announced final amendments to the Children's Online Privacy Protection Rule. These amendments are intended to strengthen privacy protections for children and to give parents more control over the personal information that websites and online services collect from children under 13.

The FCC issued a declaratory ruling confirming that a one-time text message that confirms a consumer's request to opt-out of receiving text messages and meets specified criteria does not violate the Telephone Consumer Protection Act or FCC rules.

The FTC recently announced seven new enforcement actions in an ongoing federal-state crackdown against deceptive business opportunity scams that falsely promise jobs and opportunities to "be your own boss."

The FTC has agreed to settlements with two paint companies over charges of misleading green marketing claims. These proposed settlements came shortly after the revised Green Guides were released.

Cause-related marketing best practices designed to increase the quality and consistency of disclosure to consumers were issued by the New York Attorney General on October 18, 2012.

The FTC released revised Green Guides which provide updated guidance on the types of environmental claims that the FTC may find deceptive under Section 5 of the FTC Act.

In Rosetta Stone Ltd. v. Google, Inc., the US Court of Appeals for the Fourth Circuit overturned a district court's grant of summary judgment for Google on Rosetta Stone's claims for direct trademark infringement, contributory trademark infringement and trademark dilution based on Google's sale of Rosetta Stone's trademarks as advertising keywords and use of those trademarks in sponsored advertisements.

The European Commission has published its proposal for a new EU data protection framework. (Free access.)

France-specific information concerning issues that need to be considered when planning an online advertising campaign.

These drafting notes relate to an agreement for the appointment of a football club shirt sponsorship which provides a plain English, jurisdiction-neutral starting point for local counsel to adapt for use in cross border transactions. The notes are intended to provide an introduction to drafting, negotiating and legal issues affecting the agreement. References to the specific law of a country are based on the Practice note, Sponsorship: international overview and the accompanying Country Q&A, and are correct as at the date stated on that note.