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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 | 7 min read | 08.15.24

Final Rule Announced: The FTC Strengthens Its Enforcement Capacity Against “Deceptive” Reviews and Testimonials

As we’ve previously reported, FTC practitioners and businesses alike have been anxiously awaiting details about the rule that will prohibit purportedly deceptive practices in connection with reviews and testimonials. Our readers likely recall the FTC’s advance notice of proposed rulemaking from November 2022, the notice of proposed rulemaking from June 2023, and the informal hearing on the proposed rule which occurred in February 2024. The wait is finally over: just yesterday, August 14, 2024, the agency announced the “Rule on the Use of Consumer Reviews and Testimonials” (the “Rule”). The final Rule, which the Commissioners unanimously approved, is a formal step to address alleged ongoing non-compliance with Section 5 of the FTC Act and the agency’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”), particularly in the consumer review space....

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Insights

Client Alert | 7 min read | 08.15.24

Final Rule Announced: The FTC Strengthens Its Enforcement Capacity Against “Deceptive” Reviews and Testimonials

Firm News | 8 min read | 08.15.24

The Best Lawyers in America 2025 Recognizes 42 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year

Speaking Engagement | 07.25.24

"The Evolving AI Legal and Policy Landscape: Mid-2024 Update," Crowell & Moring Webinar, 2024.

Client Alert | 3 min read | 07.16.24

Boring Holes in the Patent Thicket: FTC Supports USPTO’s Proposed Rule Requiring All Terminally-Disclaimed Patents to Fall Together
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Professionals

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Insights

Client Alert | 7 min read | 08.15.24

Final Rule Announced: The FTC Strengthens Its Enforcement Capacity Against “Deceptive” Reviews and Testimonials

As we’ve previously reported, FTC practitioners and businesses alike have been anxiously awaiting details about the rule that will prohibit purportedly deceptive practices in connection with reviews and testimonials. Our readers likely recall the FTC’s advance notice of proposed rulemaking from November 2022, the notice of proposed rulemaking from June 2023, and the informal hearing on the proposed rule which occurred in February 2024. The wait is finally over: just yesterday, August 14, 2024, the agency announced the “Rule on the Use of Consumer Reviews and Testimonials” (the “Rule”). The final Rule, which the Commissioners unanimously approved, is a formal step to address alleged ongoing non-compliance with Section 5 of the FTC Act and the agency’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”), particularly in the consumer review space....

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Practices

Contacts

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Insights

Client Alert | 7 min read | 08.15.24

Final Rule Announced: The FTC Strengthens Its Enforcement Capacity Against “Deceptive” Reviews and Testimonials

As we’ve previously reported, FTC practitioners and businesses alike have been anxiously awaiting details about the rule that will prohibit purportedly deceptive practices in connection with reviews and testimonials. Our readers likely recall the FTC’s advance notice of proposed rulemaking from November 2022, the notice of proposed rulemaking from June 2023, and the informal hearing on the proposed rule which occurred in February 2024. The wait is finally over: just yesterday, August 14, 2024, the agency announced the “Rule on the Use of Consumer Reviews and Testimonials” (the “Rule”). The final Rule, which the Commissioners unanimously approved, is a formal step to address alleged ongoing non-compliance with Section 5 of the FTC Act and the agency’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”), particularly in the consumer review space....

View All Insights