Advertising law basics and trends that everyone in Advertising needs to be aware of.

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Chambliss, Bahner & Stophel, P.C.
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AdLaw Basics: Everything
Marketing & Advertising
Professionals Should Know
About Legal Issues In Advertising
Alicia Brown Oliver
January 28, 2015

2. AdLaw Basics
• Intellectual Property Issues
• Rights of Privacy & Publicity
• Promotions –Sweepstakes, Giveaways &
Contests
• Deceptive Advertising
• What’s Hot at the FTC and in the
Courts?
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3. What IP Rights Are at Issue in
Advertising?
• Copyrights: protects creative works, not ideas
• Trademarks: protects words, symbols, slogans,
used to indicate source
• Rights of Privacy/Publicity: protect
appropriation and exploitation of a person's
name and likeness
• To a lesser extent,
– Patents
– Trade secrets
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4. 4
Trademarks
• Words, phrases, designs, or a combination of these
elements used to indicate source

5. Trademark Issues – Branding For
Clients
Branding Issues
– Clarify in written
agreements with clients
who will clear trademark
rights before use
– Don't pick a brand you may
be forced to give up
– Uncertainty or threat of
infringement can scare
away investors and/or be
very costly to defend
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6. Trademark Registration
• Educate Clients regarding the benefits of
trademark registration
• Federal or state registration, when available,
helps broaden protection for expansion
possibilities
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7. 7
Trademark Fair Use
Comparative Advertising
∙ Parodies Can Be Effective Fair Use
but You May Still Have to Defend a
Suit
∙ Make Sure that Data Backs Up
Facts Regarding Competitor’s
Business

8. 8
Copyright Fair Use
Use of small portions, parodies and
transformative uses may be fair use;
however, there are no clear rules and
you will still have defend an
infringement suit. Bottom line: Seek
permission or a license to avoid legal
issues.

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Protecting Pitches to Clients
"Firm will present to Client ideas
and concepts for (the "Ideas") which
are outside the scope of Services,
for potential use in future projects.
It is understood that until and
unless the parties reach an
agreement setting forth the terms
under which they will mutually
proceed to develop and exploit such
Ideas, including amending the Scope
of Work and Fee Payment Schedule
in writing and final payment, the
Ideas shall remain the sole property
of Agency."
If Written
Agreement is Not
Possible, In a
Follow-Up Email
"Thanks for meeting with us today.
We appreciate the opportunity to
pitch our ideas and services to
you. Unless and until we reach an
agreement setting forth the terms
of any use of our ideas and/or
services, we retain all ownership
rights in them."

10. 10
Rights of Privacy & Publicity

11. Promotions, Contests & Giveaways
Regulated by State Laws
Legal Issues:
– Illegal Lotteries
– Official Rules
Requirements
– Advertising
Requirements
– Social Media Promos
Must Comply With
Platform Rules As Well
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12. 12
What’s Hot?

13. Disclaimer
This presentation is provided with the understanding that the
presenter is not rendering legal advice or services. Laws are
constantly changing, and each federal law, state law, and regulation
should be checked by legal counsel for the most current version.
We make no claims, promises, or guarantees about the accuracy,
completeness, or adequacy of the information contained in this
presentation. Do not act upon this information without seeking
the advice of an attorney.
This outline is intended to be informational. It does not provide
legal advice. Neither your attendance nor the presenter answering
a specific audience member question creates an attorney-client
relationship.
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