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.

By Thomas M. Williams and Hillary E. Maynard In late February, a group of Kona, Hawaii coffee farmers filed a lawsuit in federal court in Seattle against coffee distributors, wholesalers, and retailers selling allegedly counterfeit Kona coffee products. The 19 defendants in this action include mega retailers Amazon, Walmart, and...

Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable royalty and disgorged $50 million in Walmart’s profits to create the total award. The case presents...

Ulmer & Berne LLP is pleased to announce that five attorneys from its Chicago office have been selected to the 2019 list of Illinois Super Lawyers. The list features the top attorneys in the state, chosen for their demonstrated excellence in the practice of law. Of those named from Ulmer,...

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...

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

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...

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