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Advertising and Social Media

Thompson & Knight’s Advertising and Social Media Law attorneys help companies mitigate risk while marketing and interacting with consumers online and responding to complaints, demands, and litigation from consumers and competitors related to advertising and social media presence. We have vast expertise in traditional and cutting-edge digital marketing and social media issues for clients spanning a wide array of industries.

Overview

Thompson & Knight’s Advertising and Social Media Law attorneys help companies mitigate risk while marketing and interacting with consumers online and responding to complaints, demands, and litigation from consumers and competitors related to advertising and social media presence. We have vast expertise in traditional and cutting-edge digital marketing and social media issues; our experience includes legal issues involving Facebook, YouTube, Snapchat, Twitter, Instagram, LinkedIn, mobile apps, and personal and professional blogs. Our clients span a wide array of industries, including manufacturing, food and beverage, technology, software and application development, marketing, retail, transportation, restaurants, energy, nonprofits, financial, pet foods, digital publishing, and hospitality, among others.

Our brand management attorneys have significant experience in intellectual property (including trademark and copyright clearance, prosecution, and enforcement), software and application development, photo and location releases, consumer and competitor litigation (including class actions), Food & Drug Administration (FDA) regulations, Federal Trade Commission (FTC) guidelines and investigations, other labeling and packaging regulations, National Advertising Division (NAD) proceedings, website disclosures, social media policies and practices, endorsement and influencer policies and practices, First Amendment issues (including the Texas anti-SLAPP statute), and data privacy, among other areas.

Thompson & Knight provides counsel for companies regarding legal issues that arise with traditional and digital advertising, such as trademarks, branding, copyrights, product packaging and labeling, distribution materials, and print, television, radio, online, or social media campaigns. We have significant experience in responding to consumer complaints and threats of litigation and have defended false advertising and other allegations relating to advertising, marketing, and social media materials and representations brought in consumer putative class actions or actions instituted by competitors or government and industry agencies. We have experience bringing actions against others for our clients relating to false advertising, comparative advertising, defamatory statements (including online statements), and the infringing use of trademarks, copyrights, and other forms of intellectual property.

We assist companies with social media policies and practices, social media take-downs, Uniform Dispute Resolution Policy (UDRP) proceedings, employee use of social media, use of promotions and sweepstakes online, compliance with FTC advertising regulations regarding online practices and required disclosures, and managing digital assets.

Our attorneys also have expertise relating to due diligence reviews of labeling and other advertising materials (inclusive of social media accounts), including in connection with merger, acquisition, or joint venture transactions. We advise companies on representations and warranties relating to advertising and social media and also indemnification provisions regarding liability for actions based upon advertising and social media.

In addition, our Advertising and Social Media attorneys understand the complex cyber security and data privacy challenges that companies are facing in connection with their online presence, including website privacy policies and terms of use, breach notification and response, and data privacy policies and compliance.

Named to BTI’s 2016 Honor Roll of Recommended Firms in Consumer Goods, placing the firm in the top 10% of law firms nationwide in the Consumer Goods industry

Ranked among the top firms in Texas by World Trademark Review 1000 2017, which cited the Firm's “deep understanding of advertising, social media, and antitrust issues”

Experience

  • Provide product label, packaging, and advertising reviews spanning a wide range of products, including food, beverage, electronics, plumbing, flooring, recreation, hair care products, and others
  • Provide review of advertising materials, including materials provided to independent distributors, to an international manufacturer of interactive hardware and software
  • Represented a digital publisher in the acquisition of social media pages
  • Represented a start-up social application developer in connection with its formation, intellectual property due diligence, and software development agreements
  • Counseled a social media advertising platform regarding its formation, terms of use, subscription agreements, and FTC compliance
  • Advised a large national retailer with respect to protection and enforcement of hashtag marks
  • Drafted terms of use for an international manufacturer and retailer regarding provision of free products to social media influencers
  • Advised an oil and gas company regarding defamatory blog posts and subsequently won Rule 202 hearings to force the website hosting the defamatory blog to disclose identifying information of the anonymous blogger and the internet service provider to disclose the subscriber information of the anonymous blogger
  • Assisted clients with various social media IP infringement takedown requests
  • Advised a major retailer regarding the unauthorized use of its mark in a competitor’s website ad and succeeded in having the client’s mark removed
  • Represented an electronics product manufacturer in a National Advertising Division (NAD) proceeding regarding comparative product advertising materials
  • Represent pet food manufacturers in responding to consumer threats of putative nationwide class actions challenging advertising materials
  • Drafted the official rules for a sports team’s Facebook game
  • Represented numerous trademark owners in domain name disputes under the Uniform Dispute Resolution Policy (UDRP)
  • Helped a videogame client shut down a Facebook page that was linking to illegal download websites
  • Assisted clients with social media policies and terms, including official rules for an Instagram contest
  • Defended major food manufacturers in putative nationwide consumer class actions challenging various representations regarding food product labels and advertising under California and Florida state false advertising and unfair competition laws
  • Represent a food manufacturer in putative nationwide and statewide consumer class actions challenging food product labels
  • Represented an airline in putative nationwide consumer class actions in California and Texas challenging representations on the airline’s website; a motion to dismiss was granted in both actions
  • Represented an airline in a putative nationwide consumer class action challenging the airline’s practices as not in conformance with its representations; the suit was voluntarily dismissed after a motion to dismiss was filed