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.
Ulmer Partner Published in IP Watchdog and Westlaw Journal Intellectual Property
Ulmer Partner Thomas M. Williams was recently published in both IP Watchdog and Westlaw Journal Intellectual Property on the Converse shoe design fight. In IP Watchdog, Williams wrote an article discussing the recent Federal Circuit Court of Appeals decision in the Converse case and how the decision highlights multiple obstacles...
November 20, 2018
Two Ulmer Partners Recognized in 2018 WTR 1000 Rankings
The World Trademark Review (WTR) has recognized Ulmer & Berne LLP partners Thomas M. Williams and Michael A. Marrero in its “WTR 1000 – The World’s Leading Trademark Professionals” rankings. WTR is the world’s only independent multimedia publication dedicated exclusively to reporting on trademark issues. This marks the seventh consecutive...
February 16, 2018
Ulmer & Berne Attorneys Mentioned in Coverage of $250M False Advertising Suit
“TrueCar Must Face Some Claims in $250M False Ad Suit,” Law360 January 8, 2016
January 08, 2016
Thomas M. Williams is Author of “False Advertising and the Lanham Act” Book
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,...
December 07, 2015
Ulmer & Berne Named to the BTI Intellectual Property Honor Roll
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...
July 08, 2014
Thomas Williams Quoted in Bloomberg
“Lanham Act Suit Proceeds Against Coke; Consumer Attorneys Call Ruling a Boon” Bloomberg BNA Product Safety & Liability Reporter June 12, 2014
June 12, 2014
Thomas Williams Quoted in Bloomberg BNA
“Lanham Act Suit Proceeds Against Coke; Consumer Attorneys Call Ruling a Boon” Bloomberg BNA Product Safety & Liability Reporter June 12, 2014
June 12, 2014
Thomas Williams Quoted in Lexmark Decision
“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
March 26, 2014
