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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,...

Ulmer Partner Thomas M. Williams was recently quoted in Managing Intellectual Property, World Intellectual Property Review, and Law360 about pressing trademark cases. In Managing Intellectual Property’s “Hey! Wait! Nirvana’s Got A New Copyright Complaint” and World Intellectual Property Review’s, “Lawyers cast doubt on Nirvana claims against Marc Jacobs,” Williams comments...

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...

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

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

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