THE BOURNE FIRM
The following are examples of THE BOURNE FIRM'S experience with respect to advertising and how that experience could benefit you:
Counseled concerning how to satisfy legal requirements for advertising and at the same time communicate compelling marketing messages.
Advised regarding potential claim of copyright infringement arising out of use of copyrighted song with modified lyrics in advertisement without permission of copyright owner.
Advised regarding whether unequivocal statement in advertising with respect to certification would be problematic from a truth-in-advertising perspective given the timing and nature of, and documentation concerning, certification.
Counseled concerning references to new standards for products, when and how the standards would be implemented and pragmatic practices for referencing them in advertising and marketing materials during and after implementation.
Reviewed section of advertisements relating to specific types of products with potential health concerns for compliance with applicable legal requirements.
Provided guidance regarding whether name of celebrity could be used in point-of-sale advertising based on guidance from the U.S. Federal Trade Commission and the common law doctrine of right of publicity.
Counseled concerning potential bait-and-switch liability as a result of incorrect price in advertisement and how to minimize risk of liability with various actions, including responses to requests for purchases at advertised price.
Drafted authorization for photos and videos used in advertisements and advised regarding key terms and conditions of, and highly efficient process for, authorization, as well as specific circumstances in which authorization should be used and acceptable modifications to it.
Drafted release for use of song by employee in advertisements pertaining to seasonal promotion.
Advised regarding correct use of logo and other intellectual property in company advertisements.
Counseled concerning comparisons to competitor in advertisements.
Advised regarding online advertising videos, including use of music and content of those videos.
Reviewed and revised policy for use of social media, including in connection with advertising and marketing, and advised concerning monitoring, responsibilities and responses to comments on social media.
Drafted disclaimer regarding forward-looking statements for inclusion in press releases of public company that contain these statements.
Reviewed press releases of public company, including major product announcements, for compliance with key components of securities laws, including requirements for disclosure on Form 8-K.
Advised regarding labeling requirements of U.S. Food & Drug Administration, risks of relabeling products manufactured by third parties and responses to complaints about deceptive labeling practices.
Analyzed and advised regarding regulation of disclosures on gift cards and simple, concise and practical language designed to comply with all of these requirements.
Counseled concerning legal requirements relevant to sponsorships.
Reviewed, revised and advised with respect to a myriad of advertising and marketing agreements, including agreements for newspapers, billboards and consultants.