Advertising, Marketing & Promotions


Whether you’re an advertiser developing an ad campaign or a competitor seeking to challenge claims made in an ad campaign or marketing promotion, the terrain can be perilous. Laws and regulations governing this niche have trouble keeping up with a rapidly shifting competitive landscape and new tactics.

Fortunately, clients can take much of the guesswork out of the equation by engaging sophisticated legal counsel with a depth of experience in this area. Ulmer & Berne attorneys can review and clear advertising campaigns before they go to market, as well as assist clients in claims-substantiation matters. They represent both complainants and respondents in all aspects of IP and advertising, performing both counseling and adversarial work in the two main forums for adjudicating these disputes—National Advertising Division (NAD) and federal district court.

Our IP attorneys have extensive experience representing clients in false advertising challenges before the NAD (part of the Better Business Bureau), a private administrative forum where false advertising claims are arbitrated by neutral third-party arbitrators. They also have deep experience in asserting and defending against advertising claims brought under the federal Lanham Act, which covers unfair competition claims based on false advertising.

“TrueCar Must Face Some Claims in $250M False Ad Suit,” Law360 January 8, 2016

Chicago-based IP partner Thomas M. Williams is the author of the book, “False Advertising and the Lanham Act,” published by LexisNexis. The book is updated annually and has received a highly favorable review from the International Trademark Association (INTA). It covers established precedent and Section 43(a) false advertising case law,...

Ulmer & Berne LLP is named to the BTI IP Honor Roll as described in the “BTI Intellectual Property Outlook 2015: Changes, Trends and Opportunities in IP & IP Litigation.” BTI Consulting is a leading provider of market research for professional service firms. The BTI IP Outlook 2015 combines a...

“Lanham Act Suit Proceeds Against Coke; Consumer Attorneys Call Ruling a Boon” Bloomberg BNA Product Safety & Liability Reporter June 12, 2014

“Lanham Act Suit Proceeds Against Coke; Consumer Attorneys Call Ruling a Boon” Bloomberg BNA Product Safety & Liability Reporter June 12, 2014

“Court Opens Lanham Claims to Non-Direct Competitors” The National Law Journal March 25, 2014 “High Court Clears Up False Ad Standing In Lexmark Ruling” Law360 March 25, 2014 “Supreme Court: Non-Competitors May Have Standing for False Advertising Claims” Bloomberg BNA’s Patent, Trademark & Copyright Journal March 25, 2014

Representative Experience