Overview
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Public perception is often a company’s most valuable asset, and Locke Lord has an experienced team of attorneys whose specific focus is to help develop and protect the messaging images, brands and advertising utilized by companies of all industries and in every medium. Locke Lord leverages the broad experience of its attorneys to provide a full range of services to both advertisers and agencies under our unique service brand ADMARK®.
Our ADMARK® services cover a broad range of matters including:
- Copyright and trademark infringement
- Unfair competition and false advertising actions under the Lanham Act
- Anti-counterfeiting enforcement
- Evaluation of advertising and marketing claims and related substantiation
- Domain name disputes
- Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain Name Resolution Policy (UDRP) arbitrations
- U.S. Anti-Cybersquatting Consumer Protection Act claims
- Celebrity rights protection
- Digital Millennium Copyright Act (DMCA) compliance
- Class Action Litigation
- Mobile marketing
We provide informed counsel to aid compliance, as well as provide expert litigation representation. Our deep experience includes both traditional media advertising through such outlets as newspaper, radio, film and television, as well as niche and emerging advertising efforts such as:
- Keyword advertising
- Promotional campaigns (sweepstakes and contests)
- Internet websites and domain names
- Social media and networking
- Digital media
- Mobile marketing
We help foreign clients entering the U.S. market comply with all federal, state and local rules and regulations, including Federal Trade Commission (FTC) and Food and Drug Administration (FDA) guidelines, and consumer protection laws. We provide advice and guidance to foreign clients regarding market norms, which are often relied upon in private dispute resolution.
Diverse, multi-media clients look to Locke Lord for direction, timely counsel and litigation in the complex arenas of trademark, copyright and advertising. Our attorneys work with brand owners and brand advertisers in industries including:
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- Logistics and distribution
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We represent our clients before several administrative, judicial and self-regulatory bodies which include:
- Better Business Bureaus
- National Advertising Review Board
- National Advertising Division
- Children’s Advertising Review Unit
- Department of Consumer Affairs of various states
- Federal Trade Commission (FTC)
- Food and Drug Administration (FDA)
- U.S. Copyright Office
- U.S. Patent and Trademark Office (USPTO)
- Trademark Trial and Appeal Board of the USPTO
Locke Lord attorneys are frequent contributors to industry publications and offer client alerts and CLE presentations on emerging issues in the field of trademarks, copyrights and advertising. Our attorneys are active members of and hold positions in prominent industry organizations, including:
- Actors Equity Association
- American Federation of Television & Radio Artists
- American Intellectual Property Law Association
- Bureau of National Affairs' Patent, Trademark & Copyright Journal Advisory Board
- Copyright Society of the USA
- International Trademark Association
- New York Intellectual Property Law Association
- Screen Actors Guild
- Sports Lawyers Association
Ligitation: Trademark, Copyright & Advertising
When litigation becomes necessary, we have extensive experience in litigation and trial of actions under the Lanham Act and state laws involving trademark, trade dress unfair competition and copyright infringement, dilution, licensing and ownership. We regularly appear in many state and federal courts throughout the United States. Our lawyers seek and defend against temporary restraining orders and preliminary injunctions against infringement, false advertising and to preserve key evidence.
We have assembled an experienced team to handle the defense of class action litigation by consumer groups in false advertising matters.
Alternative Dispute Resolution
We have experience in representing clients in arbitration matters before the American Arbitration Association, the CPR Institute for Dispute Resolution and the WIPO Dispute Resolution Center. We have also acted as counsel for parties in many mediations before private mediators that have resulted in settlements.
International
Our attorneys help foreign clients entering the U.S. market to avoid litigation and comply with all federal, state and local rules and regulations, including FTC and FDA guidelines, and consumer protection laws. We provide advice and guidance to foreign clients regarding market norms, which are often relied upon in private dispute resolution. For U.S.-based clients, we also coordinate litigation in foreign nations through local foreign associate law firms.
Litigation before Courts, Agencies & Self-Governing Bodies
We have extensive experience in litigating matters before state and federal courts, government agencies and industry self-regulating bodies in matters involving the:
- Lanham Act
- False advertising
- Right of publicity and privacy
- Unfair competition
- Defamation
- Trademark and copyright infringement
- Licensing disputes
- Contract disputes
We represent our clients in proceedings before regulatory bodies and industry self-governing bodies:
- Children's Advertising Review Unit of the Better Business Bureau (BBB)
- Departments of Consumer Affairs
- National Advertising Division of the BBB
- National Advertising Review Board of the BBB
Advertising Injury Insurance
We defend insured parties in litigation claims covered by insurance advertising injury coverage. We work closely with insurers in giving coverage opinions and defending these claims that typically are grounded on trademark infringement, copyright infringement, defamation or libel.
Key Contacts
Mike Schulman, Chair of Trademark, Copyright & Advertising Practice
Paul Van Slyke, Leader of Trademark, Copyright & Branding Section
Greg Casamento, Leader of Advertising, Marketing & Social Media Section