Advertising, Promotions & Rights of Publicity

Our approach

With years of experience representing established businesses, influencers, celebrities, artists, and entrepreneurs on a range of licensing, branding, and intellectual property-related 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 intellectual property rights, with a focus on the right of publicity.

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

Our team is versed in the varying state-specific scope of protections with respect to publicity rights. We provide guidance on the different state limitations to help our clients build the value of their publicity rights and ensure their intellectual property is protected.

As new platforms, tools, and cross-overs continue to emerge between traditional and digital media, we stay ahead of the changing laws in this evolving landscape and work with our clients to diversify their content and maximize their opportunities.

Who we work with

• Artists
• Brands
• Celebrities
• Content creators
• Entrepreneurs
• Entertainment & exhibition troupes
• Established businesses
• Influencers
• Multi-channel networks (MCN)
• Artist and celebrity estates

Representative Experience

• Counsel several advertising agencies whose clients include the NFL, AT&T, HBO, Amazon, and the Nets.
• Represent over 20 top YouTube content creators/channels.
• Provided an international skin care 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.
• Advised a Massachusetts-based consumer and commercial bank with branches throughout New England and New York with respect to structuring multiple promotions that addressed alternative means of entry, automatic entry, and requests to upload a photo.
• Advised a premium health and fitness chain with locations in Arizona, California, Maryland, Minnesota, Nevada, Virginia, and Washington with respect to potential issues and exposure with a skills contest.
• Counseled a private resort RV campground business regarding 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.
• Advised a leading American provider of energy services related to structuring a contest that involved charitable fundraising elements.
• Advised a 501(c)(3) nonprofit organization that provides free business mentoring services to entrepreneurs in the United States with respect to structuring two national small business contests including developing specific judging criteria for contests.
• 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.
• Represent a digital brand company, including their products and podcast divisions, who represent 100 of the top social media influencers in beauty, fashion, food, and DIY.