In a highly competitive consumer product environment, companies and advertising agencies require experienced legal counsel to review proposed marketing materials. This includes evaluating online content and “social media presence” for potential risk. Stites & Harbison advises national and international companies on advertising laws and regulations, and defends advertising challenges by competitors. We work with companies to substantiate claims to meet business objectives in a manner mindful of both the commercial realities and legal standards promulgated by the Federal Trade Commission, the ASRC (NAD), and the courts.
Stites & Harbison also offers related services directed to sweepstakes, mobile marketing applications, privacy law issues, and sponsorship and talent arrangements.
Our objective: finding ways that allow the client’s marketing efforts to work efficiently to grow the company’s bottom line, while managing risks associated with national advertising campaigns. We also offer valuable guidance on when and how to challenge competitive advertising – advice specifically tailored to the relevant industry and its associated advertising environment.
LOUISVILLE, Ky.—The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2022 Top 10 Patent Firms and IP Practices in North America – South list.
When one seeks to protect one’s intellectual property, patents, trademarks and copyrights immediately come to mind. Often given short shrift is the "forgotten stepchild" —trade secrets. Trade secrets may encompass a wide range of business information that (a) has value because it is not generally known in the trade and (b) is subject to reasonable efforts to preserve its confidentiality. When considering trade secrets, “business information” should be given a very broad definition and may include, but is not necessarily limited to, processes, procedures, research projects, nonpublic company documents (relating to, for example, recruiting, accounting, financial information and legal information), drawings, blueprints, laboratory notebooks, test data, training manuals, customer information and supplier information.
Based on commercials that aired during Super Bowl LVI, crypto brands have officially moved from the fringes to the mainstream. But the crypto ads in this prime time space didn’t do much to explain the underlying products and services, especially if the viewers were not already immersed in Web3.
The United States Patent and Trademark Office (USPTO) recently published a final rule implementing the Trademark Modernization Act of 2020 (TMA). The TMA amends the federal trademark statute (Lanham Act) in several ways, but the most significant aspect for the business community is the establishment of new ex parte expungement and reexamination proceedings for cancellation of a registration when the required use in commerce has not been made.