Practice Areas & Industries: Fredrikson & Byron, P.A.

Practice/Industry Group Overview

Members of Fredrikson & Byron's Marketing Law Group function as both legal advisors and business advisors providing clients with strategic roadmaps designed to help maximize marketing effectiveness and effectively address compliance issues. We bring business acumen and insight to bear on a wide range of marketing activities, including product protection, advertising, pricing, distribution, and more.

Services Available

"We provide clients with strategic roadmaps designed to help maximize marketing effectiveness and effectively address compliance issues."

Our group has tremendous depth in key areas such as intellectual property, advertising, and franchising. Clients range from privately and publicly-held small and mid-sized businesses to Fortune 500 firms of all kinds.

Advertising and Promotion

When it comes to advertising, our aim is to help clients find a way to do what they want, not to put up roadblocks. We bring creativity, open-mindedness, and entrepreneurial thinking to our work on issues like copy compliance, sweepstakes compliance, and advertising legal disputes. We have represented marketing, advertising, public relations, sales, promotion companies, and design companies throughout the country.

E-Commerce

We advise clients on a wide variety of e-commerce issues including regulations affecting domain name selection and protection, website development, e-commerce agreements, co-branding, online sales, distribution and fulfillment, Internet transactions, unfair competition, and a host of other traditional marketing issues as they relate to the Internet. We often draw on the foresight and ingenuity of our Internet, Technology & E–Commerce Practice Group.

Protection and Branding

We bring clients significant depth in the area of Intellectual Property, where we do the important work of securing and enforcing patent, copyright, and trademark rights. IP lawyers in the Marketing Law group also advise clients regarding overall IP strategy, trademark and patent licensing agreements, confidentiality and nondisclosure agreements, as well as avoiding infringement of the rights of others, addressing unsolicited ideas, employee inventions, and more.

Distribution, Franchising, Antitrust

Our attorneys have substantial experience counseling clients on distribution relationships and agreements and independent contractor/sales representative relationships and agreements, including agreements with marketing channel members, terminations, joint ventures, customer restrictions, and exclusive dealing. We also handle a complete range of domestic and international franchising issues, from structuring programs and agreements to avoiding liability and disputes with franchisees. We focus on getting the best result for clients while staying vigilant regarding the regulatory implications of their operations, working to help prevent and avoid compliance problems at every turn.

Pricing

A number of legal implications can arise in connection with pricing. We handle the full range of pricing-related issues such as price and promotional discrimination, predatory pricing, bundled pricing issues, resale price control, price advertising restrictions, and price fixing issues.

Unfair Competition and Product Disparagement

Unfair competition can take many forms, and an equally wide range of laws are in place to prevent and address it. We regularly advise clients on issues and regulations that cover fairness and balance in the marketplace, such as product disparagement and knock offs.

Related Dispute Resolution Services

We counsel clients and provide them with strategies to maximize marketing efforts and to reduce commercial and legal risks. However, when litigation becomes inevitable, we offer extensive dispute resolution and courtroom experience.