Advertising and Marketing Litigation

At the Cutting Edge of Advertising Litigation

• Venable's attorneys are consistently at the forefront of advertising litigation under the Lanham Act, having played decisive roles in some of the most important cases. We have litigated dozens of Lanham Act advertising cases, representing internationally esteemed clients seeking to protect their brand assets and defending clients in high-profile litigation involving groundbreaking issues of law
• Venable's advertising and marketing litigation attorneys are nationally recognized for their experience and successes. Venable's seasoned, precedent-setting attorneys include Bill Coston, a member of the American College of Trial Lawyers, who argued and won unanimously one of the most influential Lanham Act decisions by the U.S. Supreme Court in the past decade, Wal-Mart v. Samara Brothers. Roger Colaizzi, who chairs the IP litigation practice group, has over the last decade successfully obtained or defended against more than 50 advertising-related preliminary injunctions and temporary restraining orders. Joshua Kaufman obtained a unanimous Supreme Court victory in a landmark decision changing the landscape of copyright law. Jeffrey D. Knowles, who founded and served for 13 years as general counsel to the Electronic Retailing Association, is nationally recognized as the leading attorney in the direct-response television industry and has successfully negotiated hundreds of resolutions in federal regulatory litigation actions
• Venable has litigated more than 30 Lanham Act cases involving advertising issues, representing clients in highly publicized, high-profile actions. When false advertising claims are at issue, often the most effective relief available is an expedited action in court to enjoin the false claims. Venable's reputation for success in this expedited setting stems from its knowledge of the law and its ability to quickly gather evidence, obtain consumer surveys, and marshal the experts necessary to obtain a winning outcome. Venable's consistent success in these expedited types of cases is made possible by its attorneys' significant courtroom experience and their ability to present live witnesses and effectively argue the case

Resolving Disputes Through Industry Self-regulatory Bodies

• Sometimes advertising disputes are best resolved not by courts, but by industry self-regulators. These forums have specialized knowledge of advertising claims, are less formal and expensive, and often render relief more quickly than court action. Fortune 100 companies regularly use these self-regulatory bodies to resolve advertising disputes with competitors
• Venable has successfully guided a number of clients through the self-regulatory process, including the manufacturer of a leading weight-loss supplement advertised as the "#1 Selling Weight Loss Supplement for Women." When the manufacturer faced accusations that this advertising was misleading, Venable successfully defended it before the National Advertising Division (NAD) of the Better Business Bureau (BBB)
• More than 30 of Venable's lawyers have participated in these specialized arenas, offering clients a valuable alternative to expensive and time-consuming federal litigation for advertising dispute resolution. Victories for national industry leaders in dietary supplements, housewares, and exercise/weight loss industries prove Venable's sophisticated understanding of these alternative forums

Defending Clients at the Intersection of Advertising and IP

• Intellectual property suits, including trademark, copyright, patent, counterfeiting, and gray market goods, regularly include advertising issues and advertising claims. Venable's work on intellectual property matters that relate directly to advertising includes involves social networking websites, domain names, and keyword advertising
• Venable's advertising litigation involving e-commerce is second to none. Venable achieved success in over 40 domain name disputes through Uniform Dispute Resolution Policy. The firm also has several attorneys engaged in and litigating matters involving social media outlets such as Facebook and YouTube, including the negotiation of take-downs of infringing postings. Venable's comprehensive experience in advertising litigation also includes hundreds of proceedings at the U.S. Trademark Trial and Appeal Board, where the firm seeks to protect clients' valuable trademark assets used to establish consumer recognition and goodwill in the marketplace. Venable's trademark practice group is recognized as one of the top ten practice groups for trademarks issued in the country. By preemptively policing and litigating trademark and branding issues during the application process, Venable helps clients avoid the expense of protecting their brands in more costly federal litigation

Success in New Media Advertising Channels

• Venable's work extends across all areas of advertising litigation. We are actively engaged in two of the hottest issues in Internet advertising – keyword advertising and affiliate marketing, including high profile matters with national implications

Knowing How to Respond When Government Regulators Come Knocking

• With our home office in Washington, DC, and a team that includes former high-ranking FTC staff and regulatory attorneys, Venable regularly defends clients from challenges to advertising brought by federal and state regulators. These cases can sometimes involve multiple government agencies and reach from coast to coast
• For instance, Venable is coordinating the response to related subpoenas in 37 states regarding Internet advertising practices. And in just the past year, Venable has participated in over 20 investigations under the FTC Act. Venable's comprehensive knowledge of the federal and state regulations and regulators and the breadth of experience of its advertising and marketing practice groups provide the framework for the successful resolution of government challenges
• We help clients respond to subpoenas and other compulsory processes, litigate complaints, negotiate consent agreements, and handle compliance investigations in advertising-related matters. Our broad experience in advertising law and comprehensive knowledge of federal and state regulations and regulators provide the framework for the successful resolution of government challenges

In Consumer Class Actions, Experienced Advocacy is Key

• Venable has distinguished itself as a leader in the defense of consumer class action advertising matters, defending over a dozen class action cases in the last year alone. Consumer class actions come with the threat of substantial damage awards – but they also require additional elements of proof that make them vulnerable to astute advocacy by experienced counsel. This was illustrated when our rapid response to a consumer class action likely saved a national clothing retailer hundreds of thousands of dollars in litigation expenses and potential damages. The complaint alleged failure to properly reimburse customers who returned items purchased using coupons. Although similar cases had settled for as much as $500,000, we resolved the matter for a token payment, before an initial pleading was ever filed
• Venable has distinguished itself as a leader in the defense against consumer class actions and advertising claims. Our experience representing a broad range of industry-leading, national companies against allegations of false and deceptive advertising practices demonstrates our ability to succeed in these actions

• U.S. News – Best Lawyers
  • Law Firm of the Year, Advertising Law, 2011 – 2012, 2014
  • Best Law Firms, Advertising Law (Tier 1), National, 2012 – 2020, 2022 - 2023
  • Best Law Firms, Advertising Law (Tier 1), Washington, DC, 2012 – 2020, 2022 - 2023
• Chambers USA
  • Advertising: Litigation, National, 2016 – 2023
  • Award for Excellence, Advertising and Marketing, 2010 – 2011
• Legal 500, Advertising and Marketing: Litigation, 2016 – 2023
• Global Law Experts, Advertising Law Firm of the Year, Client Choice Category, Washington, DC, 2014
• The Best Lawyers in America, 2012 – 2021 (Venable attorneys selected for inclusion)