This CLE course will guide counsel on the IP issues involved in marketing and advertising. The panel will offer guidance in identifying, perfecting, and enforcing IP rights and will address potential pitfalls and what companies and their counsel can do to avoid or mitigate risks.
Marketing or advertising a product or service means putting together a creative plan that often includes several lines of communication with potential consumers. Today’s marketing plans can include not only traditional platforms like TV and radio, brochures, and billboards, but also social media, email and text promotions, online ads, branded entertainment, and more. Creating these executions often involves developing or obtaining IP, and companies and their counsel must be aware of a variety of potential IP exposure.
For example, creative content — from the layout of an ad to the graphics to the written words used to describe the product — all may be protected by copyright or trademark law. Counsel need to identify these rights and take steps to secure and, when appropriate, enforce them.
Marketers also must avoid infringing another IP owner's rights, such as using a person's voice, name or image without permission. The ease with which one can obtain materials created by others, such as music or photographs, does not mean they are lawful to use. Misuse of IP in advertising can also elicit false advertising claims.
Listen as our authoritative panel of IP attorneys examines the IP rights involved in marketing and advertising. The panel will offer guidance in identifying, perfecting, and enforcing IP rights and will address potential pitfalls and what companies and their counsel can do to avoid or mitigate risks.
