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Advertising Law

Lathrop GPM’s Advertising Law team works closely with clients to increase the value of their brands while avoiding the many legal pitfalls associated with advertising in the modern age. The team works side-by-side with our intellectual property attorneys to provide comprehensive counseling on any intellectual property issue.

We empower our clients to tell their stories in the marketplace. Lathrop GPM has a solid background in all advertising-specific concerns: We conduct comprehensive pre-publication/pre-broadcast review for verification and adherence to Federal Trade Commission standards, and advise clients on social media tactics, mobile campaigns and Internet advertising – including compliance with the rules governing web advertising to children.

When conflicts with competitors arise, we work fast to protect our clients’ messages. We excel at coordinating experts and evidence to address truth in advertising, likelihood of confusion, genericness, and more. We have a successful track record addressing disputes in the National Advertising Division of the Council of Better Business Bureaus, often a more expeditious, predictable and cost-effective option than the federal court system.

Clients of all sizes regularly count on Lathrop GPM advertising law attorneys for a variety of services, including:

  • Advertising review
  • Agent-client agreements
  • Celebrity/spokesperson agreements
  • Endorsements and testimonials
  • Labeling review and counsel
  • Privacy and publicity rights issues
  • Resolution of advertising disputes
  • Social media issues
  • Sweepstakes, contests, coupons, and other promotions
  • Unfair competition issues
  • Children’s Online Privacy Protection Rule (COPPA) advising
  • Telephone Consumer Protection Act (TCPA) advising 

Recent Experience

  • Successfully defended Intuit, the manufacturer of TurboTax, in aggressive temporary restraining order/preliminary injunction proceedings. For the second time, the court denied H&R Block’s attempt to stop two TurboTax television commercials. H&R Block claimed the ads had false or misleading claims. The court denied all of its challenges, finding that there was no false or misleading information in the ads.
  • Advise Medco Health Solutions, Inc., the largest prescription benefits manager in the United States, on false advertising and trademark infringement matters.
  • Obtained a $13.492 million jury verdict – and a complete defense verdict against offensive counterclaims – in a false advertising claim on behalf of Munchkin, Inc., a manufacturer of baby products. The award is believed to be the fifth-largest false advertising verdict in the U.S.
  • Provide ongoing advertising advice for a national bridal retailer, including guidance on state-specific advertising issues, sweepstakes, contests and other promotions.
  • Advise a Fortune 100 company regarding its social media advertising and compliance with new Federal Trade Commission standards on online advertising.

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