Promotion, Marketing and Advertising Brochure With 1,000 lawyers in 14 offices spanning the United States, Europe and Asia, Bingham is one of the nation’s leading full service law firms. One of FORTUNE’s 100 Best Companies to Work For since 2005, we provide a full spectrum of legal services to help clients structure and implement their promotion, marketing and advertising strategies and tactics.

Bingham has a wide range of in-depth We recognize the importance of experience concerning promotion, responsive service, particularly in marketing and advertising (“PMA”). the area of promotion, marketing We provide a full spectrum of legal and advertising. Our clients know services to help clients structure they can count on us to deliver and and implement their promotion, meet their deadlines. Our integrated marketing and advertising strategies team approach provides ongoing and tactics. Whether our clients availability, enabling us to meet the are launching a multimillion-dollar extremely demanding schedules integrated advertising campaign, frequently encountered in this area. managing complex social media For example, we often review and marketing programs or building a comment on website copy and point- global distribution network, we have of-sales materials in a matter of hours. the knowledge and experience needed to help get the job done. Because we are a global firm with 1,o00 lawyers worldwide, we can effectively and efficiently draw on our colleagues in related areas as needed in connection with our PMA work. Representative Services

• Advice concerning promotions and advertising campaigns from conception through structure, production and execution

• Counseling with respect to marketing plans and arrangements, including distribution systems, trade programs, product rollouts and co-marketing arrangements.

• Assistance in dealing with suppliers and other third parties, including advertising agencies, creative services suppliers, licensors and licensees, printers, the media (print, broadcast and digital), fulfillment companies, and premium suppliers.

• Negotiation and preparation of needed PMA documentation, including official contest rules and offer terms; winners releases; agency-of-record agreements; licenses of marks, entertainment properties and other intellectual property; broker and distribution agreements; co-manufacturing agreements; joint venture agreements; creative services and talent agreements; terms of purchase and sale; and co-marketing agreements.

• Troubleshooting and assistance in resolving controversies with consumers, suppliers and co-venturers.

• Provision of legal education and compliance training customized to client needs, including individualized presentations to client personnel and development of comprehensive resource materials.

• Advice concerning PMA regulatory matters relating to the Federal Trade Commission, Department of Justice, U.S. Postal Service, state attorneys general, and other federal and state authorities.

We provide guidance and assistance to our clients in a wide variety of ways and across a broad range of areas, including:

• Advertising and Infomercials • Joint promotions and product tie-ins • Sponsorships

• Brand management • Licensing • Strategic partnerships and co-branding

• Catalog and mail-order programs • Marketing to children • Talent services arrangements and celebrity endorcements • Charitable/cause-related marketing • Mobile Marketing • Terms of purchase and sale • Contests, sweepstakes and • Online and digital promotions and other games of chance marketing and consumer generated content • Test marketing, product introductions/ rollouts and pricing of products and • Couponing • Premium offers, and incentive and loyalty services programs • Creative services agreements • Trademarks, logos and trade names • Product placements • Data privacy • Unfair competition • Product sampling and demonstrations • Direct-mail marketing and promotions • Websites, social media activities • Publicity and privacy rights and policies • Distributor, sales representative and broker arrangements • Rebates, couponing and gift cards

• Gray market issues • Sales and employee incentive programs

Promotions Marketing and Advertising Practice Group Contacts

Linda Groves, Partner Natascha George, Partner [email protected] [email protected] +1.617.951.8374 +1.617.951.8330 Beijing Boston Frankfurt Hartford Hong Kong London Los Angeles New York Orange County San Francisco Santa Monica Silicon Valley Tokyo Washington

bingham.com

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