CM Law’s Marketing Law attorneys provide sophisticated legal services to consumer brands, agencies of all types, retailers, as well as publicity and media firms. The client-service focus of our Marketing Law partners mirrors that of their own professional experience, many of whom have worked in “big law” private practice, and as in-house attorneys providing marketing law counsel on behalf of Fortune 500 companies.

In a legal environment shaped by civil litigation as well as federal and state consumer protection laws, our Marketing Law partners deliver precise, practical, strategic counsel with respect to legal compliance and risk mitigation across marketing channels without compromising our clients’ key marketing and sales objectives.

The expansive depth and breadth of our Marketing Law services include:

• Sponsorship and Cross-Marketing/Collaboration Agreements in connection with branded entertainment, product placements, sports teams and leagues, festivals, and promoters/producers of concerts and concert tours.
• Rightsholder Agreements, negotiating and drafting contracts with:
  • Influencers & Talent (union and non-union)
  • Athletes
  • Artists/Musicians
  • Other brands
• Music Agreements, including master recording contracts and synchronization license agreements with music labels and publishers.
• Promotions Support, providing advice, rules and disclosures for sweepstakes, contests, and giveaways; social media promotions; coupons; and sales.
• Agency/Client Agreements, drafting, negotiating, and finalizing agreements and scope-of-work documentation between marketers/clients and agencies of all types (e.g., creative, media, broad-scope advertising, promotions, publicity, digital, and event/experiential).
• Production and Vendor Contracts, providing agreements with freelancers, subcontractors and other vendors with respect to a wide range of services and deliverables, e.g., market research, graphic design, artwork, photography/videography, venues, merchandise, event/activation services, décor, food service, stylists, digital content, software, etc.
• Ad Review & Clearance, advising on issues concerning publicity rights, tag lines/trademarks (including searches), publicity rights, product claims and substantiation, compliance with FTC and other regulations, disclosures required in social media posts and other advertising, and laws and regulations involving retail trade practices and regulated industries.
• Cause Marketing/Charitable Promotions, advising and providing compliance support with respect to State-regulated commercial co-ventures (CCVs) and handling State registration, bonding, and financial report filings.
• Experiential Activations, providing contracts and releases for live events and pop-up activations, mobile tours, interactive art installations, sampling, venue agreements/leases, and liability/publicity releases for event attendees.
• Loyalty, Incentive, Reward, & Affiliate Programs, providing legal counsel on and drafting legally compliant terms, conditions, and rules as well as related contracts.

Beneficial Synergies

CM Law’s Marketing Law attorneys work closely with attorneys in all practice areas, leveraging the full-service nature of the firm. The synergies enjoyed by the firm’s Marketing Law partners and their clients are most evident with respect to the following Practice Groups. CM Law is fortunate to have a deep bench of experienced partners in the following areas for collaboration in the course of our daily practice.

• Intellectual Property Practice Group, with legal services including IP portfolio management and counseling (including trademark filings and prosecution), IP development and transactions, IP audits, IP due diligence, patent prosecution, trade secrets, domain name registrations and cybersquatting disputes, DMCA take-down matters, copyright registration and licensing, as well as IP litigation (including proceedings before the TTAB).
• Privacy, Data and Cybersecurity Practice Group, collaborating with clients to tailor responsive, business-focused solutions, in a wide range of sectors, including privacy and security plans for compliance with laws and regulations such as GDPR, CCPA, CAN-SPAM, COPPA, as well as State and other laws and regulations. Many attorneys in this group are Certified Information Privacy Professionals (US and EU) through the International Association of Privacy Professionals (IAPP).
• Technology Practice Group, designing and implementing technology strategies for clients, with attention to matters including cloud computing services (SAAS, PAAS, and IAAS), fintech and block chain/distributed ledger, internet and e-commerce matters, evaluation (beta) licensing models, hosting, colocation and data center services agreements, as well as tech startup services for emerging-growth companies.