Barnes & Thornburg LLP works with clients in a wide variety of services and product fields to develop and implement strategies to exploit, protect and enhance their intellectual property assets. The firm’s Advertising & Marketing Practice Group helps our clients address the fast-paced challenges presented by the constantly evolving issues related to advertising and marketing in emerging media, including:
- mobile promotions
- social media sites
Our attorneys provide clients the strategic counseling necessary to address the legal and regulatory issues associated with their advertising, labeling, and marketing and promotion initiatives, especially as related to the Internet, new media, branded entertainment, and user-generated content issues.
Our Advertising & Marketing Practices attorneys also counsel national retail clients with respect to retail marketing practices such as coupons, rebates, gift cards, and sale frequency issues. In addition, we represent a broad spectrum of clients in Federal Trade Commission investigations and challenges before the National Advertising Division (NAD) of the Council of Better Business Bureaus.
With the array of competing trademarks in today’s competitive business climate, creating and protecting a strong, recognizable brand identity is both increasingly difficult and increasingly important. Where brand marketing and trademark law intersect, we also help clients develop and implement intellectual property protection strategies. We partner with our clients in developing and refining strategy for:
- brand selection
- availability launch
To help strengthen our clients’ Internet capabilities and online presence, we also advise upon and handle enforcement work with respect to trademark and copyright issues in:
- keyword advertising, meta-tags, online videos in social networking sites
- Communications Decency Act and Digital Millennium Copyright Act (DMCA) safe harbor counseling
- domain name disputes and transactions
Threats of trademark trespassing, counterfeits and other forms of brand infection—in addition to legitimate competition—compel businesses to protect their investment by using strategies or legal remedies to protect their brand. The group’s experience encompasses trademark portfolio protection and enforcement, as well as IP litigation, including trademark infringement, unfair competition and false advertising litigation.