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Every company—from early-stage startup to Fortune 500 multinational corporation—must build and protect its name and reputation in today’s crowded, competitive marketplace.

O’Melveny’s advertising, marketing, and branding practice, with an interdisciplinary team of corporate counselors, regulatory advisors, and veteran litigators, can help your company achieve a peak market position. The group offers fully integrated legal and strategic counseling—developing and protecting IP portfolios, assessing risks presented by advertising and marketing strategies, and defending those strategies against governmental, competitor, or consumer challenges.

Our value proposition is the practical and strategic advice we provide early on to help clients build a strong, protectable brand, often anticipating and addressing issues before they escalate into costly conflicts. Should disputes arise, our team has extensive experience taking on—and winning—the most complex, challenging cases.

By covering all the angles, O’Melveny guides clients towards long-term success, helping them realize the full potential of their advertising, marketing, and branding strategies.

Services

  • Advertising clearance and compliance (including claim substantiation review)
  • Advertising contract drafting and review
  • Conducting brand and intellectual property audits and portfolio management
  • Copyright, trademark, unfair competition, idea theft, and trade secret litigation
  • Domain name acquisitions and disputes, including ICANN disputes
  • Due diligence on intellectual property assets/portfolios for M&A transactions
  • Endorsement and sponsorship agreements
  • False advertising litigation under the Lanham Act and before the Better Business Bureau’s National Advertising Division (NAD), Children’s Advertising Review Unit (CARU), and National Advertising Review Board (NARB)
  • False advertising litigation under state consumer protection statutes, including class actions and litigation by state Attorneys General
  • First Amendment and defamation disputes
  • Food and product labeling compliance counseling and litigation defense
  • Governmental investigations and litigation by the Federal Trade Commission (FTC) and state Attorneys General
  • Intellectual property assignments, clearances, and licensing
  • Privacy compliance and enforcement (CAN-SPAM, CFAA, GDPR, and ECPA)
  • Social media marketing agreements and compliance
  • Sweepstakes, contests, gift cards, loyalty programs, and other forms of promotions
  • Trademark, trade dress, and design patent registration and contested proceedings before the U.S. Patent and Trademark Office (USPTO) and international equivalents
  • Trademark, trade dress, and design patent disputes before the Trademark Trial and Appeal Board (TTAB), Patent Trial and Appeal Board (PTAB), and International Trade Commission (ITC)
  • General Mills
  • Guess?
  • H&R Block
  • Hill’s Pet Nutrition
  • Johnson & Johnson
  • Skechers USA
  • Uniswap