Advertising, Promotions & Rights of Publicity

Overview

With years of experience representing businesses, influencers, celebrities, and artists on a range of licensing, branding, and intellectual property matters, our attorneys offer a business-minded perspective when it comes to promoting, protecting, and growing our clients’ brands. We understand the legal issues involving advertising, promotions, and IP rights, with a focus on the right of publicity. Our understanding of advertising law and rights of publicity law enables us to navigate the complex legal landscape and provide effective counsel to our clients. 

From traditional media placements to social media promotions, we partner with our clients to ensure each complies with all laws and regulations, including the Federal Trade Commission’s (FTC’s) strict endorsement and advertising guidelines. Even one violation can trigger government inquiry and lead to costly penalties. We help prevent this risk by staying ahead of these ever-changing advertising regulations and keeping our clients informed.

Representative Experience

• International skin care company: Provided the company with an updated 50-state survey on sweepstakes, promotions, and contests including sample rules and release and assisted with the registration and structuring of a variety of promotions and skills contests
• Massachusetts-based consumer and commercial bank: Advised on the structuring of multiple promotions that addressed alternative means of entry, automatic entry, and requests to upload a photo
• Premium health and fitness chain: Advised the multi-state chain, with locations in Arizona, California, Maryland, Minnesota, Nevada, Virginia, and Washington with respect to potential issues and exposure with a skills contest
• Private resort RV campground business: Advised on structuring a promotion involving several points of entry and allocating winners among the different entry sites. Also assisted with the registration of the promotion in New York and Florida
• Leading American provider of energy services: Advised on structuring a contest that involved charitable fundraising elements
• 501(c)(3) nonprofit organization that provides free business mentoring services: Advised on structuring two national small business contests including developing specific judging criteria for contests
• Advised a digital brand company, including their products and podcast divisions, which represents 100 of the top social media influencers in beauty, fashion, food, and DIY
• Assisted numerous charitable organizations in navigating the various rules regarding charitable solicitations in a market that necessitates the use of social media and electronic communications
• Counsel several advertising agencies whose clients include the NFL, AT&T, HBO, Amazon, and the Nets
• Represent over 20 top YouTube content creators/channels

Recognition

• Nixon Peabody has been named a Tier 1 National firm for Media Law in the 2024 edition of Best Law Firms®.