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Advertising and Brand Protection

Overview

Advertising is essential for your business. It is also one of the largest sources of risk you face. Everyone is watching: consumers, competitors, regulators, and class action lawyers. Take too conservative a path and nobody will pay attention to your ads. Step over the line, and you may attract unwanted attention that could embroil your company in a costly investigation or litigation – not to mention possible reputational damage. The most successful businesses chart a path of maximum impact, investing in advertising claims that truly differentiate them, while successfully managing legal risk.

Whether your company’s goal is to manage and protect its brands and IP rights or to successfully resolve an FTC investigation, litigation, or NAD challenge (or avoid a dispute altogether), our attorneys can help. Prominent brands turn to our team to resolve their most challenging disputes, advise them on regulatory risks, and to help structure significant advertising matters and transactions.

Clients rely on us to apply our industry know-how and proven experience to their advertising campaigns, brand content production, and media investments. We advise our clients at every stage of the advertising production and distribution life cycle, including campaign ideation, talent negotiation, including SAG/AFTRA, content clearance and licensing, and media strategy and placement. We understand the cutting-edge issues facing marketers today, including native advertising, real-time marketing, programmatic, sponsored, and co-produced content, use of consumer reviews, and testimonials and endorsements. We also negotiate sponsorship, promotion and naming rights deals with sports leagues and teams, sanctioning bodies, publishers, athletes, entertainment properties, music artists, and celebrities.

Armed with deep industry knowledge and a tested awareness of the need for practical advice, our driving goal every day is to add real value and help reduce risks where brands are investing their marketing and media dollars.

Advertising

Enforcement and Counseling

State AG

The group consistently provides thoughtful and practical legal guidance.

— Chambers USA, 2020

Contacts

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Insights

Client Alert | 3 min read | 07.09.25

When Does a Service Provider Become Liable for Its Users’ Piracy? The Supreme Court Grants Cert in Cox v. Sony to Address Issues of Contributory Infringement and Willful Infringement

Twenty years ago, the Supreme Court held that “one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913, 919 (2005). In the Grokster case, the Supreme Court found that peer-to-peer file sharing companies could be liable for copyright infringement for their users’ deployment of file sharing software. There, the Court found that liability was warranted because the file sharing companies knew that its users were infringing, and the companies materially contributed to that infringement....

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Insights

Client Alert | 3 min read | 07.09.25

When Does a Service Provider Become Liable for Its Users’ Piracy? The Supreme Court Grants Cert in Cox v. Sony to Address Issues of Contributory Infringement and Willful Infringement

Client Alert | 4 min read | 07.02.25

Section 230 Reform: What Websites Need to Know Now

Firm News | 1 min read | 07.01.25

Four Crowell Attorneys Named World Trademark Review 2025 Global Leaders

Client Alert | 8 min read | 06.30.25

AI Companies Prevail in Path-Breaking Decisions on Fair Use

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Professionals

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Insights

Client Alert | 3 min read | 07.09.25

When Does a Service Provider Become Liable for Its Users’ Piracy? The Supreme Court Grants Cert in Cox v. Sony to Address Issues of Contributory Infringement and Willful Infringement

Twenty years ago, the Supreme Court held that “one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913, 919 (2005). In the Grokster case, the Supreme Court found that peer-to-peer file sharing companies could be liable for copyright infringement for their users’ deployment of file sharing software. There, the Court found that liability was warranted because the file sharing companies knew that its users were infringing, and the companies materially contributed to that infringement....

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Practices

Contacts

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Insights

Client Alert | 3 min read | 07.09.25

When Does a Service Provider Become Liable for Its Users’ Piracy? The Supreme Court Grants Cert in Cox v. Sony to Address Issues of Contributory Infringement and Willful Infringement

Twenty years ago, the Supreme Court held that “one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913, 919 (2005). In the Grokster case, the Supreme Court found that peer-to-peer file sharing companies could be liable for copyright infringement for their users’ deployment of file sharing software. There, the Court found that liability was warranted because the file sharing companies knew that its users were infringing, and the companies materially contributed to that infringement....

View All Insights