Significant Changes in Advertising Law 2012
Advertising in all its forms can be an effective method for a company to make the public aware of its products. From tried and true print ads all the way to the wild world of online marketing advertising can bring great rewards and with some significant legal pitfalls.
The Knowledge Group is assembling a panel of key thought leaders and experts to help you thoroughly understand Advertising Law.
They will discuss the following key issues in this 2-hour LIVE webcast:
• Evaluating false advertising claims
• Surveys, experts, and litigation strategy
• Comparative advertising
• Privacy and Internet advertising
• Environmental “green” claims
• Branding strategies and trademark portfolios
Dori Ann Hanswirth, Partner,
Hogan Lovells LLP
1. Update on using a competitor’s trademark in keywords for internet searches
2. Update on luxury goods cases, particularly the Christian Louboutin case going to the Second Circuit on whether red-soled shoes are a source identifier
3. Update on environmental claims in advertising, and any update on the FTC’s green guides
4. A discussion of a recent SDNY decision holding that a cat litter ad was false and misleading, and criticizing the scientific study submitted by the plaintiff because it did not mimic real world conditions.
Lesley Anne Fair, Senior Attorney – Bureau of Consumer Protection,
Federal Trade Commission
- Health claims in advertising are sure to draw the attention of potential customers – and the interest of law enforcers. Case developments at the FTC can help your company understand the science of compliance.
- How your clients advertise has changed, but what about the law? The FTC’s revised Endorsement Guides offer insights as companies move their marketing dollars to interactive social media.
- Green is good – as long as marketers make sure their environmental claims are supported by sound science. The FTC’s proposed revision to the agency’s Green Guides remains pending, but the agency continues to bring cases challenging deceptive environmental representations.
- In tough economic times, many consumers are fighting just to stay afloat. That’s why the FTC has declared that “bottom dollar fraud” is a top law enforcement priority.
- Not making any privacy promises? Think again. Like any other claim, representations about the information you collect from customers, what you do to you protect it, and how you share it are advertising claims you have to back up with solid proof. Recent FTC settlements with some of the biggest brands in the world offer a blueprint for savvy marketers on how to stay on the right side of the law.
- Advertisers fight for the loyalty of the youngest consumers, but marketing to kids presents unique challenges. Ongoing activities regarding kids and food marketing and proposed changes to the Children’s Online Privacy Protection Rule merit companies’ attention.
Lawrence I Weinstein, Partner,
Proskauer Rose LLP
- Lanham Act competitor vs competitor false advertising cases in federal court
- Consumer class action deceptive advertising cases
- Advertising disputes before the advertising industry self-regulatory body known as the NAD
Roger A. Colaizzi, Partner,
- Brand Protection: How to Protect Your Brand and Where to Seek Relief: Federal Court (Lanham Act); State Court (unfair and deceptive trade practices acts); Better Business Bureau (National Advertising Division, Children’s Advertising Review Unit; Electronic Retailing Self-Regulation Program); Agency Trade Complaints; and Network Challenges.
- Advertising Traps in Social Media – The Application of Advertising Law to Social Media
- Contests and Sweepstakes – How to Avoid Common Pitfalls
Jura Christine Zibas, Partner,
Wilson Elser Moskowitz Edelman and Dicker LLP
- Protecting yourself from your competitor – have you reviewed your website and advertising?
- Are you aware of what your marketing department or consultants are creating?
- Is your website in Compliance?
- Update on Keyword Advertising: what is currently permissible?
- Increase in lawsuit filings by your competitors – how could you have avoided it? Now what do you do?
Who Should Attend:
– Legal Officers
– Marketing & Advertising Directors
– Brand Managers
– Marketing Executives
– Advertising Professionals
– Marketing Professionals
– Entertainment/media Professionals
Dori Ann Hanswirth handles a wide range of civil litigation matters in federal and state courts and focuses on matters affecting the media, with particular attention to copyright, trademark, false advertising, defamation, right of publicity, freedom of information, and invasion of privacy law. Among Dori’s clients are newspapers, television networks, film studios, a television producer, and several automobile manufacturers. In addition to her concentration in media, she has extensive experience in matters involving trade secrets, advertising, unfair competition, product disparagement, employer-employee relations, and commercial litigation. Dori currently serves as Co-chair of the American Bar Association Section of Litigation’s Commercial and Business Litigation Committee.
Dori Ann Hanswirth handles a wide range of civil litigation matters in federal and state courts and focuses on matters …
Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the FTC in numerous investigations of false advertising and deceptive practices. She now specializes in industry education and compliance, and blogs at the business.ftc.gov. A Vice Chair of the Consumer Protection Committee of the ABA’s Section of Antitrust Law, Lesley is on the adjunct faculty of the Catholic University Law School and the George Washington University Law School. She clerked for U.S. District Judge Fred Shannon and served as Staff Law Clerk to the U.S. Court of Appeals for the Fifth Circuit. She graduated from the University of Notre Dame and the University of Texas School of Law.
Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the …
Lawrence I. Weinstein is a Partner in Proskauer’s Litigation Department and co-head of the firm’s renowned False Advertising & Trademark Group. He has been recognized as a preeminent litigator in the field of advertising and trademark law by all the national rating services.
In every year since their inception, Chambers USA, US Legal 500 and US News & World Report have given Proskauer’s advertising litigation practice their coveted Tier 1 rating. Institutional Investor Magazine’s Benchmark Litigation 2012 survey recently named Larry as one of New York State’s “litigation stars,” an honor it also accorded him in its 2011 inaugural survey.
Larry’s practice covers a broad spectrum of intellectual property law, including false advertising (Lanham Act, consumer class actions, NAD, NARB, ERSP, FTC), trademark, trade secret and copyright matters, as well as sports, art and other complex commercial cases.
His clients include owners and advertisers of the world’s most well-recognized brands, a global sports federation, media companies, an environmental organization, hospitals and art collectors.
Lawrence I. Weinstein is a Partner in Proskauer’s Litigation Department and co-head of the firm’s renowned False Advertising & Trademark …
Roger Colaizzi chairs Venable’s national Intellectual Property Litigation Group, as well as the firm’s Advertising Litigation Group. Since 2010, the Advertising Litigation Group has been ranked in Chambers USA, Band 1. He has significant trial experience in Intellectual Property Rights, including Lanham Act false advertising, state deceptive trade practices, trademark, trade dress, patent, copyright, unfair competition, direct to consumer marketing, social networking, domain names, affiliate advertising, keyword advertising, and other e-commerce matters. He has successfully brought and defended against dozens of preliminary injunction motions and requests for temporary restraining orders in federal courts, which are important remedies in competitive advertising and the protection of intellectual property, product brands and other proprietary assets. He has represented clients before regulatory agencies such as the FTC and self-regulating bodies such as ERSP and NAD, and in state AG and DA investigations.
Mr. Colaizzi’s clients include large corporations, small businesses and advertising agencies in the creation and protection of advertising programs and brand names. As a counselor, he seeks to help clients avoid litigation through advance analysis of proposed advertising for potential false advertising claims, government regulatory problems, and infringements of competitors’ rights.
Roger Colaizzi chairs Venable’s national Intellectual Property Litigation Group, as well as the firm’s Advertising Litigation Group. Since 2010, the …
Jura Zibas focuses on intellectual property, including patents, copyrights, trademarks; advertising injury; data security; privacy; licensing; complex civil matters with a medical, scientific or technology component; commercial litigation; and general counsel work for small to medium-sized businesses. A chemist by training, Jura also attended dental school. In addition, her scientific research and technical training provide a strong knowledge base for environmental and engineering industries. For example, Jura represented oil companies in large toxic waste disputes and regulatory matters where the focus is on experts and technical issues. Her experience extends to representing fashion and consumer goods manufacturers, medical institutions, medical device manufacturers and distributors, consumer goods distributors, biotech companies, small biotechnology companies, software developers, consumer goods manufacturers, medical institutions and dentists.
Jura Zibas focuses on intellectual property, including patents, copyrights, trademarks; advertising injury; data security; privacy; licensing; complex civil matters with …
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Federal Trade Commission
About Hogan Lovells LLP
Hogan Lovells is a global legal practice that helps corporations, financial institutions, and governmental entities across the spectrum of their critical business and legal issues globally and locally. We have over 2,300 lawyers operating out of more than 40 offices in the United States, Europe, Latin America, the Middle East, and Asia. Hogan Lovells offers an exceptional, high quality transatlantic capability, with extensive reach into the world’s commercial and financial centers; particular and distinctive strengths in the areas of government regulatory, litigation and arbitration, corporate, finance, and intellectual property; and access to a significant depth of knowledge and resource in many major industry sectors.
About Federal Trade Commission
About Proskauer Rose LLP
Proskauer is a global law firm advising clients worldwide from offices in Beijing, Boca Raton, Boston, Chicago, Hong Kong, London, Los Angeles, New Orleans, New York, Newark, Paris, São Paulo, and Washington, DC. The firm has broad experience in all areas of practice important to businesses, not-for-profit institutions and individuals.
The partners in our False Advertising practice litigate false advertising cases in federal and state courts and before the NAD and NARB, with a tremendous track record in both jury and non-jury cases, and counsel clients on advertising substantiation law and strategy every day. They bring to these tasks a deep understanding not only of the law, but also of scientific test methods, statistics and consumer surveys.
Proskauer’s experience and sophistication in the False Advertising area is unparalleled. Chambers USA, US Legal 500 and US News and World Report’s Super Lawyers consistently rank our capabilities as Band One, with the group’s co-heads, Brendan O’Rourke and Larry Weinstein, recognized individually in Band One, as well.
About Venable LLP
An American Lawyer Global 100 law firm, Venable serves corporate, institutional, governmental, nonprofit and individual clients throughout the U.S. and around the world. Headquartered in Washington, DC, with offices in California, Maryland, New York and Virginia, Venable LLP lawyers and legislative advisors serve the needs of our domestic and global clients in all areas of corporate and business law, complex litigation, intellectual property, regulatory, and government affairs.
About Wilson Elser Moskowitz Edelman and Dicker LLP
Wilson Elser is a full-service law firm with clients in the United States, Latin America, Europe and Asia. We provide experienced and innovative legal services with offices in 23 cities across the United States. The firm also provides international scope through its London office and network of affiliate firms in France, Germany and Mexico. Our lawyers participate in a variety of local, national and international legal organizations that set the standards for the profession. In addition to being recognized as leaders in the legal profession, some are experienced accountants, architects, engineers, former judges and former nurse practitioners. With state-of-the-art support systems and technology at their disposal, Wilson Elser lawyers provide timely and efficient legal solutions to a loyal and growing roster of clients.