Advertising & Marketing

In this digital age, competition for clicks is fierce, and advertising and marketing bear little resemblance to the traditional campaigns of the Mad Men era. BHH understands this cut-throat environment – and the laws that regulate it – allowing clients to develop and implement their brand strategy with confidence.

Marketing & Promotions

BHH has extensive experience counseling clients in sweepstakes and skill contest law, advising clients at every stage of a promotion from concept through fulfillment. We also help clients navigate marketing campaigns including coupons, premiums, rebates, free offers, daily deals, and loyalty programs. From the classic “business card in the fishbowl” sweepstakes to cutting-edge text-messaging promotions, multiplatform social media contests, and experiential activations, we help brands and agencies comply with applicable state and federal laws, regulations, and evolving industry guidelines. 

BHH handles promotional-program agreements such as official and abbreviated promotion rules, co-branding, general sponsorship, professional sports sponsorship, talent, content licensing, events, vendor relations, and venue agreements. We also counsel clients on data collection, use and privacy, and right-of-publicity issues related to marketing programs. 

Advertising

BHH represents brands and agencies at the forefront of print, television, radio, and digital advertising. We provide advertisement clearance services, intellectual property licensing, trademark clearance and registration, competitive and false advertising guidance and sponsorship, and endorsement counseling. We represent brands and advertisers in the negotiation and drafting of retention agreements on flat fee, time of staff, and other bases. 

When matters escalate, clients rely on our litigation experience. We handle all aspects of advertising-related litigation, from issuing and responding to cease-and-desist correspondence through trial in state and federal courts, administrative tribunals including the Trademark Trial and Appeal Board and self-regulatory bodies such as the National Advertising Division. We successfully defend clients against claims alleging Telephone Consumer Protection Act (TCPA) violations, right-of-publicity violations, trademark and copyright infringement, false advertising, deceptive trade practices, and class action consumer fraud in connection with traditional and digital advertising.