Ignore #3 at your own risk.
Our law firm specializes in advertising and media law. Not tax law. Not wills and trusts. Not personal injury. Like our clients, we understand that media is its own universe that deserves our entire attention. As a result, our personal commitment and timely responsiveness are two of our greatest core assets.
RISK: Do you know it when you see it?
Your job is to create great advertising and marketing. Our job is to identify, assess, and explain any potential legal risks connected to the campaign. While every advertisement is unique, the review process is not; it requires expertise, skill, and perspective. Consider just a few things that can go quickly awry in a campaign:
- Could a copyright, trademark, or some other infringement claim bring the campaign to a sudden, disastrous stop?
- Are all the advertising claims properly substantiated? Are requisite disclaimers in place?
- Does a particular product category invite increase regulatory or competitor scrutiny?
Legal risks abound in advertising and marketing endeavors; we want to help you make sense of them.
- Campaign Legal Review
- Agency Service Agreements
- Celebrity Spokesperson & Talent Agreements
- Direct Response License Agreements
- FTC Compliance Analysis
- NAD & ESRP Proceedings
- Media Clearance Services
- Trademarks - Preliminary and Thomson Searches, USPTO Applications
- Sweepstakes & Contest Official Rules
SILICON BEACH IS OUR BACKYARD
We are minutes away from the media and tech convergence taking place in Santa Monica, Venice, Playa Vista, El Segundo and Manhattan Beach. But it’s not just a physical presence; we understand and are part of the culture that thrives on innovation and disruption.
we play well with others
In addition to ad agencies, we advise advertisers and their legal teams about the full array of issues relevant to their campaigns. We are comfortable in a purely behind the scenes role directly assisting in-house counsel or interacting with a company’s employees.
We’re always happy to discuss a potential issue with new and existing clients, so please don't hesitate to contact us.
TEAM PLAYERS: WE ARE WHAT WE KNOW
D. JOHN HENDRICKSON
D. JOHN HENDRICKSON
Mr. Hendrickson has established a practice that concentrates on all aspects of advertising law. With more than 30 years’ experience in the advertising industry, he represents advertisers and advertising agencies, production companies, talent endorsers, direct response marketers and product inventors. Mr. Hendrickson is an accomplished lecturer, frequently speaking at national and international industry forums. He is also an instructor at the Advanced Institute on Advertising Studies sponsored by the American Association of Advertising Agencies. After receiving a Bachelor of Arts degree with distinction from Stanford University in 1977, Mr. Hendrickson earned his Juris Doctor degree, cum laude, from Pepperdine University School of Law in 1981.
GARY P. KOHN
GARY P. KOHN
Mr. Kohn practices entertainment and corporate law with over 25 years of experience. Mr. Kohn’s entertainment law practice specialties include new media contracts, reality TV contracts, infomercial marketing contracts, licensing contracts, celebrity contracts, endorsement and sponsorship contracts, film contracts, music contracts and sports contracts. Mr. Kohn’s corporate law practice specialties include startup companies, LLC and corporation structure and formation and business contracts. Mr. Kohn heads his own firm in Los Angeles and is admitted to practice law in California and New York.
HOLLY J. BAYNE
HOLLY J. BAYNE
Ms. Bayne brings a unique blend of industry and marketing experience to the practice of law. In 2001, she founded the Law Office of Bayne & Associates, a Washington D.C.-based firm specializing in food, drug, medical device, and cosmetic law, with a particular focus on matters concerning the regulation of foods, dietary supplements, and botanical products by the U.S. Food and Drug Administration, Federal Trade Commission, U.S. Department of Agriculture, U.S. Customs and Border Protection, and other federal and state regulatory agencies. Ms. Bayne is admitted to practice law in the District of Columbia and California.
CHRISTINA S. LOZA
CHRISTINA S. LOZA
Christina S. Loza is the Managing Partner of Loza & Loza, LLP, a mid-size Intellectual Property law boutique located in Southern California. Ms. Loza has experience in all areas of intellectual property law including trademarks, patents, copyrights, trade secrets, domain name disputes, internet law, eBay dispute resolution, as well as, IP licensing, counseling, and litigation. Ms. Loza graduated from Loyola Law School and received her Bachelor of Science in Biology from Loyola Marymount University. She is admitted to practice before all state and Federal courts in the State of California and is a registered patent attorney.
it was all going great until it wasn't
The relationship between an advertising agency and its client is unique in the business world. Passion, creativity, goals, and success are shared with equal fervor by both parties.
The agency service agreement is an essential element of a strong and productive business relationship. A comprehensive, well-negotiated agreement puts the agency in a good place to excel with its creative efforts and the advertiser in a good place to succeed with its product. It is the business side of the ad business, and we feel that the agreement’s importance cannot be underestimated.
When it comes to drafting an agreement that protects its clients, a law firm needs to have been around the block a few times. We have the worn shoes to prove it.
IT’S NOT JUST ABOUT THE SIZE OF THE STAR’S TRAILER
Using a celebrity can provide many benefits for a campaign or promotion, including social media postings to their followers. To ensure that the celebrity and the advertiser are on the same page, a comprehensive spokesperson/talent agreement is essential. This protects both parties and sets the expectations and the ground rules.
Some standard elements to consider are:
- Scope of services
- Union jurisdiction
- Compensation structure
- Approval rights
- Social media performance minimums & training
Call now, operators are standing by! (No, not really)
The Direct Response industry thrives on new ideas, products, and services to bring to the marketplace. For DR marketers, a comprehensive License Agreement with the rights holder is absolutely crucial. And for the inventor, reasonable approval rights and fair compensation for the value of the licensed product is a necessary part of the equation.
At a minimum, the License Agreement should address the following:
- Definition of the Product Line
- Intellectual property rights
- Compensation & royalty rates
- Roll out & payment dates
- Default remedies
- Termination and reversion of rights
FTC REGULATIONS APPLY TO MOBILE TOO!
The Federal Trade Commission revised its .com Disclosures Guides in March 2013. The updated Guides now include information pertaining to social media and mobile advertising. We’ve written articles and newsletters about social media and we stay up to speed on this fast-changing convergence of law and tech. We also have a seminar presentation available for those clients (or potential clients) that need information about the Guides.
To sum it up, if you’re engaged in online, mobile, or social advertising, you’ll want to ensure you’re operating within the FTC’s framework. We’re here to help.
Intellectual property disputes are on the rise as many companies and individuals are stepping up enforcement of their intellectual property rights. To help avoid an infringement challenge, our services include:
1. Reviewing campaign themes, executions, headlines, and graphics/art to provide a preliminary campaign risk assessment;
2. Conducting preliminary headline/tagline searches via the U.S. Patent and Trademark Office and online common law searches in both the U.S. and Canada. We also have a relationship with a Canadian law firm (and other law firms around the globe) when international expertise is needed;
3. We also contact third party rights holders directly to secure permission to license their intellectual property. In some cases, the process may be as simple as exchanging emails; other executions may require more formal agreements and licensing fees. Every clearance matter takes on its own life and requirements.
Securing music rights generally involves several players; the copyright holders of the composition (aka Publishing Rights), and the copyright holders of the master recording (aka Sync Rights). Music rights can be complicated as various rights holders are involved. Just ask us, we know.
TRADEMARK & COPYRIGHT REGISTRATION
Applying for a trademark for a brand name, product, service, or tagline is an important endeavor for many of our clients. We work closely with an intellectual property law firm that is Of Counsel to facilitate trademark registration. These specialized services include: placing and analyzing Thomson® trademark searches, filing and monitoring trademark applications with the USPTO, and renewing registrations.
We highly recommend that clients register their content with the U.S. Office of Copyright. In general, it is a fairly straight forward process, and doing so may have certain advantages in copyright infringement litigation.
For both trademark and copyright applications, we are always happy to help our clients with the filing process as well as with protecting their IP interests.
No rules may lead to a really bad day, or year.
Advertisers love sweepstakes and contests as they can generate tremendous brand interest for relatively modest costs. Unfortunately, they are governed by extensive state and federal law. The official rules are essentially a contract between the sponsor and the entrants, and they can save the sponsor’s bacon if problems erupt. Without a set of solid rules in place, bad things can happen to even the smallest promotion.
We love to draft rules for a variety of promotions. We’re good, we’re fast, so let us know how we may be of help.
You gotta have ‘em!
In turn, the policy must mirror the entity’s actual data collection and use procedures. Some states, including California, require that commercial entities disclose their data collection endeavors, including Do Not Track requests.
Agency and marketing cultures are unique and have industry-specific needs. Here’s a short sampling of issues that come up from time to time:
- Can a parody be deemed “fair use” in advertising?
- May SAG-AFTRA talent work on a non-union spot?
- You wrote some copy at an organic gardening clinic. Can you now say the product has a clinical study? What about clinically proven?
- You downloaded a photo from a friend’s social media account. Do you need her permission to use it in an online ad?
For answers to these and many other burning issues, get a hold of us.
READ OUR BOOK
As a way to give back to our loyal clients and friends (and, in all honesty, because we love what we do), we wrote a book entitled AD-INFINITUM: Legal Checklists for the Advertising Agency. It’s available in both print and digital formats via Amazon.com.
Our clients know that the advertising business is a fascinating combination of creativity, content creation, data analysis, media strategy, and business acumen. We wrote this book to help you better understand the legal side of modern advertising and hopefully avoid issues that can affect any campaign, no matter the size. It’s written in an accessible style for industry professionals, in-house counsel, and law firm personnel, providing quick summaries for a variety industry-related topics. Plus, it’s perfectly sized to fit in your backpack or brief case without resulting in a trip to the chiropractor!
We love our office. Contact us there!
Manhattan Beach Office:
1240 Rosecrans Ave., No. 120
Manhattan Beach, CA 90266
Palm Desert Office:
44489 Town Center Way, Suite D – No. 477
Palm Desert, CA 92260