Determining Defense Strategies in Advertising & Marketing Litigation

This 28-page report for advertisers and their lawyers features effective defense strategies in advertising and marketing law and crucial preparation processes that are too often overlooked. From the initial review of the headlining issues in a dispute to the process of litigation, this report is an in-depth checklist for taking the best course of action to avoid litigation from the outset. Steps that should be taken before proceeding with an advertising campaign are brought to light followed by ways to mitigate a dispute and what to do when the avoidance of litigation is no longer a viable option. Leading advertising and marketing attorneys provide examples of groundbreaking cases and crucial intellectual property and copyright and trademark infringement issues. This Executive Report sets high standards for attorneys and their clients and offers available methods of reparation when these standards are not met.

Other topics include:

• the types of disputes
• whether they involve competitors or consumers
• press releases
• class actions and recent legislation to reduce unmeritorious class actions
• effects of technology
• publicity law
• copyright and trademark infringement and intellectual property issues
• false advertising claims
• the advantages and disadvantages of the National Advertising Division (NAD) and litigating under the Lanham Act
• the duties of the successful attorney
• how to work with regulation authorities
• consent decrees
• financial exposure
• settlement
• and damages
• restraining orders
• the future of advertising and marketing law

This Executive Report is written by:

• P. Craig Cardon, Partner, Sheppard, Mullin, Richter & Hampton - Common Disputes in Advertising and Marketing Law
• Brian L. Heidelberger, Partner, Winston & Strawn LLP - Litigation Issues
• Rick Kurnit, Partner, Frankfurt Kurnit Klein & Selz PC - Dispute Resolution
• Leonard Orkin, Partner, Davis Wright Tremaine - Steps to Defend Copyright Infringement and Intellectual Property Issues
• John E. Villafranco, Partner, Collier Shannon Scott PLLC - Alternatives to Litigation
• Douglas J. Wood, Partner-in-Charge, Advertising & Marketing Law Group, Reed Smith LLP - Defending Advertising and Marketing Litigation