Advertising & Publicity Rights

Keep Your Advertising Campaigns on Target – Avoid Compliance and Lawsuit Pitfalls

Effective advertising is essential for brand awareness, customer engagement, and business success. Well-designed  advertising campaigns generate customer  interest, drive sales, and create a competitive advantage. Companies utilize diverse channels—TV, radio, print, digital, mobile, and outdoor media—to promote their products and services. However, with increased advertising opportunities come complex legal and regulatory challenges that businesses must navigate. BAYPOINT LAW helps businesses proactively structure advertising campaigns that comply with federal, state, and international laws, mitigating risks and avoiding costly legal disputes. Whether you're engaged in B2B or B2C advertising, BAYPOINT LAW offers strategic counsel to ensure your marketing initiatives adhere to the latest compliance standards. Following are key areas of advertising law to consider:

  • FTC & State Advertising Regulations - Advertising is heavily regulated by the Federal Trade Commission (FTC) and various state laws. The FTC Act prohibits deceptive or misleading advertising and grants the agency authority to issue cease-and-desist orders, impose civil penalties, and even pursue criminal legal action against violators. Our firm advises clients on FTC compliance, helping them avoid misleading claims and unfair trade practices that could result in enforcement actions.

  • Right of Publicity & Unauthorized Use of Likeness - The right of publicity protects individuals—particularly public figures—from unauthorized use of their name, image, voice, or likeness for commercial gain. While this area of law primarily safeguards celebrities, misuse of a private individual’s likeness can also lead to significant statutory penalties. In the United States, the right of publicity is largely protected by state common or statutory law. Only about half the states have distinctly recognized a right of publicity. Of these, many do not recognize a right by that name but protect it as part of common law ruled upon by court cases. The Restatement Second of Torts recognizes four types of invasions of privacy: intrusion, appropriation of name or likeness, unreasonable publicity, and false light. We help businesses navigate these complex issues to minimize liability and ensure proper usage rights when incorporating individuals into their advertising.

  • False Association & Trademark Infringement - Under §43 of the Lanham Act (15 U.S.C. §1125), businesses can face serious financial penalties for false association—misleading consumers into believing there is an endorsement or affiliation where none exists. Consequences may include lost revenue damages, disgorgement of profits, injunctive relief, attorney’s fees, and statutory penalties. Our firm advises businesses on proper branding, marketing claims, and partnerships to prevent potential trademark disputes.

Advertising - FTC & State Law Compliance

  • Advisory on Compliant and Risk Averse Branding, Marketing & Advertising Claims

  • Draft Cease-and-Desist Letters

  • Liability Assessment - Litigation Preparation

  • Mediation

Services

Right of Publicity & Unauthorized Use of Likeness

  • Advisory on Compliant and Risk Averse Branding, Marketing & Advertising Claims

  • Draft Cease-and-Desist Letters

  • Mediation

False Association & Trademark Infringement

  • Advisory on Compliant and Risk Averse Branding, Marketing & Advertising Claims

  • Draft Cease-and-Desist Letters

  • Liability Assessment - Litigation Preparation

  • State & Federal Trademark Registration

  • Trademark Dilution or Infringement Actions and Defense

  • Temporary/Permanent Injunctions

  • Mediation

Applicable FTC & State Advertising Regulations

  • 15 U.S. Code Subchapter I §§ 41-58- Federal Trade Commission

  • The states have varying degrees of what are referred to as
    “Little FTC Acts” or unfair trade practices laws - under which private plaintiffs may sue for damages and other remedies.

Applicable Right of Publicity Laws

  • Publicity rights are typically governed by state laws.

  • Only about half the states have distinctly recognized a right of publicity - usually protected as part of common law and ruled upon by court cases.

  • Restatement (Second) Of Torts §§ 652A - 652I. Under the Restatement's formulation, the invasion of the right of publicity is most similar to the unauthorized appropriation of one's name or likeness. See Restatement (Second) of Torts § 652C , comments a & b, illustrations 1 & 2.

  • States Right of Publicity Laws index.

Applicable U.S. Federal & State False Association Laws

  • 15 U.S. Code § 1114 - Remedies; infringement; innocent infringement by printers and publishers

  • 15 U.S. Code § 1125 - False designations of origin, false descriptions, and dilution forbidden

  • 15 U.S. Code § 1116 - Injunctive relief

  • 15 U.S. Code § 1117 - Recovery for violation of rights

  • 15 U.S. Code Subchapter VI - Prevention of unfair methods of competition

  • 17 U.S. Code § 101 et seq. - Copyright Act

  • Various States Consumer Protection Laws

Choose BAYPOINT LAW

As technology evolves, so do advertising laws. Online advertising, ad-tech innovations, hyperlocal targeting, and traditional media campaigns all face increasing legal scrutiny. BAYPOINT LAW stays at the forefront of these changes, offering tailored legal solutions to ensure your marketing efforts remain compliant and effective.

📞Contact BAYPOINT LAW📞today for a consultation.