Intellectual Property & Technology

Advertising & Marketing Law

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.

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USPTO Issues Final Rule for Implementation of the Trademark Modernization Act of 2020

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.

by Trevor T. Graves November 23, 2021