Advertising, Marketing & Promotions

Wildman Harrold’s Advertising, Marketing & Promotions Practice works closely with its clients from the inception of an advertising or marketing campaign through execution and closure. We negotiate and draft the relevant contracts, ensure that any sweepstakes, contests and promotions comply with applicable laws and regulations, including those related to lotteries, gambling, and registration requirements, review and clear advertising copy for claim substantiation, and counsel clients on copyright, trademark, privacy, rights of publicity and patent issues and protection associated with promotions.

We have unique experience advising clients on multimedia and viral marketing campaigns that involve compliance with the CAN-SPAM Act of 2003, state anti-spam laws, laws applicable to the collection and use of customer information, and the Telephone Consumer Protection Act and Telemarketing Sales Rule. We also represent clients in litigation and in FTC and state government false advertising proceedings.

Significant examples of our work include: 

• Handling a variety of marketing related contracts for a major manufacturer and marketer of personal care and household brands including sponsorship agreements, ad agency agreements, coupon redemption agreements, co-promotion agreements, various license agreements, fully integrated branded entertainment television and motion picture deals, and endorsement agreements
• Advising on, structuring and preparing legal copy for all aspects of multi-carrier text message promotions, including message flows, TV spots, print advertising and web copy; mobile alerts subscription services; compliance requirements associated with multi-layer text message sweepstakes and subscription services; mobile avatar games; mobile storefronts; downloadable application subscription services (ring tones, wallpapers, etc.); promotions where voting via text message on your favorite entrant in a contest results in an entry into a separate sweepstakes; structuring and negotiating deals between content providers and aggregators; drafting end user terms and conditions; ensuring compliance with MMA guidelines as applicable; and preparing internal business-oriented guidelines to achieve legal compliance for wireless campaigns
• Assisting an international promotion agency and brand development firm in planning and executing all legal aspects of large national and international promotions for its clients, including sweepstakes, contests and trade promotions; we also handle various client, agency and vendor contracts associated with each promotion
• Conducting a thorough audit of all advertising communications for a retail farm-supply and grain manufacturing cooperative including over 5,000 pieces of print advertising, 70 web sites, product packaging, gift card programs, reward and loyalty card programs, charitable co-ventures, sponsorship and sweepstakes programs, and other corporate communications