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Advertising & Marketing Law


The 1st Amendment protects commercial speech, but unlike ordinary speech, it must not be deceptive or misleading. In the mercurial media landscape, where is the line between “puffery” to promote a product and misleading speech? What regulations impact the proposed copy? When developing creative advertising campaigns, companies rely on Kyle-Beth Hilfer to help them navigate the complex web of legal regulations and case law.

Kyle-Beth works collaboratively with marketing professionals to reduce legal risk while accomplishing her clients’ creative goals. Whether launching an advertising campaign, publishing a catalog, rolling out a social media campaign or running a sweepstakes, clients turn to Kyle-Beth early in the development process as a critical member of the team. They value her keen attention to detail, comprehensive knowledge of advertising laws, and clearly drafted documents. Kyle-Beth ensures legal compliance so that clients can focus on bringing their messages to customers.

Advertising Campaigns
  • Copy clearance
  • Claim substantiation
  • Regulatory compliance
  • Comparative advertising claims
  • Negative options offers
  • Advertising aimed at children
  • Green marketing
  • Health and nutrition marketing
  • Global campaigns
  • Pricing claims
  • Intellectual property clearance
Promotional Campaigns
Direct Marketing Development
  • Catalog review
  • Pricing claims
  • Product claims
  • Advance consent marketing
  • Marketing materials (online and offline)
  • Telephonic solicitations
Internet Marketing
  • Website development
  • E-mail marketing
  • Data privacy
  • Affiliate marketing
Direct Marketing Development
  • Catalog review
  • Pricing claims
  • Product claims
  • Advance consent marketing
  • Marketing materials (online and offline)
  • Telephonic solicitations
Business Contracts
  • Vendor/supplier agreements
  • Agency agreements
  • Purchase orders
  • General business contracts
Pre Litigation
  • NAD challenges
  • Network challenges
  • Unfair competition and false advertising claims
  • Trademark and copyright litigation
  • Settlement Negotiations


Upcoming Webinar: Creating Cutting Edge Ad Campaigns that Protect Intellectual Property

December 27, 2017

The building blocks of any brand are its trademarks, copyrights, and patents. 2018 will bring new intellectual property concerns as brands confront and leverage emerging technologies, such as cryptocurrency incentives, virtual reality, and smart objects. Marketers will need cutting-edge campaigns to stay competitive and promote a brand’s intellectual property. Join me on January 30, 2018 for a practical webinar in which you will learn about how advertising law intersects with intellectual property protection.


Design Meets Intellectual Property Law Challenges

November 5, 2017

Kyle-Beth Hilfer  will speak about intellectual property law challenges in hospitality design at BDNY 2017 (Boutique Design New York).  Ms. Hilfer will  discuss legal issues in hospitality design at the concept, manufacture, and purchasing stages. In particular, she will present the challenges of legally protecting furniture, lighting, layouts, and decor. In addition, she will explore opportunities for  protecting unique and original hotel brand experiences and FF&E. Finally, Ms. Hilfer will offer best practices for avoiding intellectual property infringement and achieving protection under patent, copyright and trademark laws. 


What You Need to Know Now about Running Legal Social Media Prize Promotions

July 27, 2017

Kyle-Beth Hilfer recently spoke on a webinar offered by The Knowledge Group entitled “Social Media Contests and Sweepstakes: Understanding Legal Considerations and Regulations.” Social media prize promotions  boost engagement and brand awareness and attract customers. While sweepstakes and contests have been around for decades, the social media context creates some unique complications. Here are three important questions you need to ask before running social media prize promotions.



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