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Representative Client List

Working in Synergy with Clients

Kyle-Beth Hilfer represents a broad range of clients in the advertising, marketing, and promotions industries throughout the United States, from individuals and small business owners to large corporations. She also handles intellectual property matters for all industries. Kyle-Beth works in synergy with her clients to help them achieve their business goals. She strives to say “yes” when clients present their marketing plans, while offering her expertise to reduce their legal risk.



Corporate Clients
  • diversified entertainment companies
  • consumer products companies
  • e-commerce companies
  • restaurant groups and franchises
  • luxury goods companies
  • skincare e-commerce companies
  • jewelry companies
  • green products’ marketers
  • sports marketing companies
  • sports teams and facilities
  • advertising agencies
  • promotions houses
  • social media and digital marketing agencies
  • licensing agencies
  • direct mail developers
  • public relations agencies
  • coaching agencies
  • premium fulfillment companies
  • graphic design companies
Individual Clients
  • artists
  • website owners
  • bloggers
  • talent agents
  • motivational speakers
  • authors
  • photographers
  • freelance workers
  • small business owners
Representative Matters

 

Covid-19 Related Matters

  • Represented a mask importer in bringing a mask with proprietary fabric to market, advising on advertising claims and intellectual property issues.
  • Advised  marketer on regulatory framework for  labeling and advertising hand and surface sanitizers.
  • Interpreted Force Majeure Clauses and associated contractual obligations.
  • Assisted in wind-down of customer loyalty program and launch of new return policy for luxury performance skincare company.
  • Enabled rapid launch of loyalty program for multi-level marketing professional cosmetics company.
  • Advised health club on its ongoing obligations to customers, auto-renewal policies, & healthcare worker offerings.
  • Drafted trade sweepstakes rules featuring frontline workers.
  • Counseled on cause marketing initiatives related to Covid-19.
  • Strategized on trademark registration and enforcement programs during pandemic.
  • Counseled on e-commerce consumer products company launch.
  • Advised regarding claim substantiation and net impression of pandemic-related advertising.
  • Delivered dispute resolution on multiple matters via video arbitration hearings.

Practice Area Representative Matters

  • Counseled ad agency on guerilla marketing food campaign  involving claim substantiation,copyright/trademark issues, and contract review.
  • Reviewed claim substantiation relating to a health product.
  • Negotiated an advertiser placement deal in sports arenas.
  • Drafted influencer agreements and affiliate marketing agreements for social media agencies and consumer products companies.
  • Negotiated and drafted a podcast distribution contract with major media company and talent/copyright owner.
  • Opined on social media loop sweepstakes and drafted rules.
  • Advised national digital marketing agency regarding SaaS contracts, software reseller agreements, MSA’s, SOW’s, and ADA lawsuits.
  • Advised regarding a spokesperson agreement in connection with a live stream event with contest and social media concerns
  • Drafted prize supplier agreements for a collectibles brand in connection with a third-party sweepstakes.
  • Drafted a ticket sales software vendor agreement for a live event brand.
  • Counseled on brand ambassador/affiliate marketing programs terms and conditions for various consumer products clients.
  • Worked with major film studio on cause marketing campaign, analyzing commercial co-venture laws in the 50 states.
  • Advised diversified multinational mass media and entertainment conglomerate on Federal Trade Commission (“FTC”) regulations, prize promotions, marketing initiatives, including loyalty programs, trading stamp laws, gift certificate laws, auto-renewal programs, refund policies.
  • Advised global building systems company on green marketing programs.
  • Counseled various national fast food restaurant chains on loyalty programs, native advertising, sweepstakes/contests, cause marketing issues, and data privacy issues.
  • Provided guidance to national fast causal restaurant chain on menu labeling requirements and sweepstakes.
  • Advised international sports organization on its advertising initiatives, including copy review, sweepstakes advice, ambush marketing protection, and intellectual property protection.
  • Counseled international media organization on CAN-SPAM, e-mail marketing campaigns, and native advertising issues.
  • Advised app developer on advertising to children (COPPA compliance).
  • Advised international building products company on B2B initiatives, including sweepstakes and contests.
  • Opined on national cosmetics company’s sweepstakes/contests initiatives.
  • Provided an international food company guidance regarding website copy clearance, agency contract review, and internal governance programs related to advertising and marketing campaigns.
  • Counseled an international nutrition supplement company on social media content and third party copyright issues.
  • Represented an international manufacturer/distributor of infection control products, opining on FDA/FTC requirements for advertising and challenging a competitor’s advertising.
  • Advised a national manufacturer and distributor of children’s goods on interdisciplinary trademark and advertising issues, copy clearance, and claim substantiation.
  • Advised national reseller concerning counterfeit goods issues.

Featured

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February 13, 2024

In 2024, brands and their agencies confront a heightened regulatory environment. They should address twelve hot topics in advertising law.

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Alternate Dispute Resolution Options for Copyright Disputes

November 21, 2023

Kyle-Beth Hilfer discussed various alternate dispute resolution options for copyright disputes of all sizes. 

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Why is Arbitration Ideal for Resolving Cannabis Industry Disputes?

October 24, 2023

Kyle-Beth Hilfer discussed the unique advantages of using arbitration to resolve cannabis industry disputes.

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