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ADVERTISING & RIGHTS OF PUBLICITY

We counsel clients on common law and federal and state regulatory restrictions on advertising. We also assist clients in negotiating for rights of publicity, and we counsel clients on how to handle and avoid claims of infringement.

 

The firm represented the defendant in a matter which involved numerous claims including patent, copyright and Digital Millennium Copyright Act (DMCA) infringement. The technology at issue involved complex computer data storage equipment. In this “bet the company” case, our attorneys handled numerous dispositive motions, including Markman arguments, as well as a preliminary injunction hearing and its appeal. An appeal resulted in two landmark decisions from the Federal Circuit Court of Appeals. These opinions are the only Court of Appeals decisions interpreting the Computer Maintenance Competition Assurance Act. These opinions, along with three others, are the leading opinions concerning the DMCA.

Spiritas Corp. v. AALCO Inc.

Preliminary consent relief obtained on behalf of plaintiff against dissemination of false, misleading and falsely signed communications harmful to our client's business. The case was featured on page 1 of the Wall Street Journal.

United Van Lines v. HomeLink

We obtained permanent consent injunctions against a real estate relocation service and its executives based on their improper claim of affiliation with a firm client.

Pope v. Chronicle Publishing Co.

We employed a strategy of a summary judgment motion on the initial answer date, thus avoiding extensive and costly discovery in this newspaper libel case. Summary judgment was granted on multiple grounds and affirmed on appeal.

Lemons v. Chronicle Pub. Co.

Appellate court held that articles conveying the message that plaintiff was convicted of multiple crimes involving violent armed resistance to store personnel who apprehended him in the act of shoplifting were substantially true, affording defense to libel action, and that the trial court did not err in denying plaintiff's motion for default.

Publications

What U.S. companies need to know about their IP rights post-Brexit

Blog Posts

Keyword ads — Only infringing if they’re confusing

Another judge rules Starbucks doesn't deceive with its ice

In Pegasus-related copyright suit, judge sidelines as art critic

FTC sets new standard for mobile app location tracking – indirectly

What food, packaging and agribusinesses need to know about the first-ever nationwide GMO labeling law

What you need to know about the Approximate Retail Value (ARV) in Sweepstakes and Contests

Signer with remorse seeks to avoid ‘unrestricted’ photography release

Electronic marketing’s Internet twist: Use e-mail, not faxes or texts

Five things you should know before creating a contest

Is it a game of chance or a game of skill?

Counsel
St. Louis
314 552 6380

Hadi represents clients in trademark, copyright, advertising and unfair competition litigation.

Hadi represents clients in trademark, copyright, advertising and unfair com...

Hadi Al-Shathir
Partner
St. Louis
314 552 6528

Chip's practice focuses on the representation of individuals, universities, and national and international companies in commercial transactions and counseling involving t...

Chip's practice focuses on the representation of individuals, universities,...

Chip Fendell
Partner
Chicago
312 580 2247

Rob is a pragmatic, solution-oriented advisor who guides companies through major transactions as well as provides comprehensive advice on their day-to-day operations and ...

Rob is a pragmatic, solution-oriented advisor who guides companies through ...

Rob Kamensky
Partner
St. Louis
314 552 6103

Mark's practice focuses on facilitating clients' communications, in media, marketing and business.

Mark's practice focuses on facilitating clients' communications, in media, ...

Mark Sableman