IP Issues in Marketing and Advertising: Identifying and Perfecting IP Rights, Minimizing Risks, Avoiding Pitfalls

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Wednesday, March 18, 2020

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

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.

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Outline

  1. Identifying IP rights in marketing and advertising
  2. Perfecting IP rights in marketing and advertising
  3. Infringement of other IP rights and other potential pitfalls
  4. Best practices and risk assessment

Benefits

The panel will review these and other key issues:

  • What steps should companies and counsel take to identify IP rights and then perfect them?
  • What are the risks of using photos or other materials created by others?
  • What best practices can companies and counsel employ to minimize the risks of infringing others' IP rights?

Faculty

Henries, Elizabeth
Elizabeth Henries

Managing Member
Henries

Ms. Henries represents clients in the beauty, fashion and apparel industries in product licensing ventures including...  |  Read More

Maynard, Kimberly
Kimberly M. Maynard

Partner
Frankfurt Kurnit Klein & Selz

Ms. Maynard represents emerging and established companies on intellectual property matters across a variety of...  |  Read More

Taylor, Hannah
Hannah E. Taylor

Partner
Frankfurt Kurnit Klein & Selz

Ms. Taylor’s practice involves counseling brand and agency clients on matters across all media – from...  |  Read More

Weinstock, Pamela
Pamela Weinstock
Legal Consultant

Ms. Weinstock is an experienced general and in-house counsel whose career has spanned the fashion, arts, media and...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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