Advertising & Promotions

For more than 25 years Gray Plant Mooty has supported agency and corporate clients with the counsel they need to take creative risks without incurring legal ones.

That vigilance and foresight is more critical today than ever. In an advertising landscape of rapidly changing media, audiences, and strategies, it can be extremely challenging to avoid pitfalls.

That's why we’re here. We stay ahead of evolving issues, regulations, and guidelines to protect your interests. And if disputes should arise, we work swiftly to minimize their impact on your business.

Clients rely on us for:

  • Advertising review
  • Agency-client agreements
  • Celebrity/spokesperson agreements
  • Copyright registration and licensing
  • 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
  • Trademark clearance, selection, registration, and licensing
  • Trademark and copyright litigation
  • Unfair competition litigation 

Experience

Representative Matters

  • Represented client in significant case against a major national retailer, addressing misuse of trade dress, unfair competition, and false advertising.
  • Advised client in dispute involving use of a copyrighted work in a television advertisement.
  • Advised client pesticide companies on labeling, trademark, and advertising issues.
  • Served as intellectual property counsel to home shopping network, including work on patent, trademark, right of publicity, and comparative advertising issues.
  • Defended client from preliminary injunction action on false advertising.
  • Advised client on obtaining insurance coverage for false advertising.
  • Handled multiple deceptive advertising cases on behalf of a major U.S. telecommunications company and a multinational medical device manufacturer in arbitration before the National Advertising Division of the Council of Better Business Bureaus.
  • Advised multiple clients on copyright infringement matters involving photographs posted on website.