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Marketing, Advertising and Entertainment

Jeffers Cowherd represents advertising agencies, public relations firms, sales promotion agencies, sports organizations, entertainment companies and a number
of large national advertisers. Our practice in this area focuses on advising clients regarding the design, development and execution of various consumer-related promotions and advertising campaigns, including those incorporating rapidly-developing technologies. Our goal is always to ensure compliance with federal and state laws, without sacrificing business needs or marketing goals. We have worked with clients to structure and implement prominent--and often unique--national promotions, as well as contests focused on linking a brand to a community or social issue. In this area, we have assisted clients with:

  • Structuring contests, sweepstakes and other games of chance
  • Preparing rules and other documentation required in connection with contests, sweepstakes and other games of chance
  • Legal review of advertisements and promotions, including for compliance with CAN-SPAM and other consumer marketing laws and regulations
  • Promotions (e.g., on-pack and point-of-sale)
  • Registration of sweepstakes and other promotions, including commercial
    co-venture promotions with charities
  • Providing advice regarding trademarks, copyright law and rights of publicity

The firm also has significant experience drafting and negotiating marketing, advertising and entertainment-related agreements. Our experience includes:

  • Licensing and merchandising agreements
  • Digital media and technology agreements
  • Celebrity endorsement agreements
  • Talent agreements
  • Publishing agreements
  • Sponsorship agreements
  • Contracts relating to video and music production

Our advertising practice includes reviewing ad copy and providing advice regarding claim substantiation and other advertising-related issues. We also represent clients in matters before the National Advertising Division of the Council of Better Business Bureaus, the Federal Trade Commission, television networks and state consumer protection agencies. We have provided training seminars for our clients on claim substantiation and other legal issues to assist them in adopting “best practices” and reducing the time required to obtain legal clearance for a campaign.

The firm also frequently provides advice regarding the development of websites, including drafting terms and conditions and providing counsel to clients on privacy and other internet-related issues.

Jeffers Cowherd is proud to be one of a select number of leading advertising and marketing communications law firms in the country to be chosen by the American Association of Advertising Agencies as a recognized legal consultant for its members.