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Litigation. Regulatory Enforcement. Counseling. Our diverse team of attorneys has proven experience in all aspects of the advertising ecosystem. As retailers and consumer products companies juggle an array of advertising tactics and confront increased competition to get products on shelves, we provide focused, dynamic legal guidance to help them maintain a competitive edge. We understand the issues, know the experts, and produce work of exception quality.

When litigation arises, we advocate for some of the world’s most recognized brands. Our lawyers have handled some of the most significant Lanham Act disputes and over 60 National Advertising Division (NAD) challenges in the last five years. Additionally, our firm’s illustrious antitrust practice provides insights and strategies to deal with anticompetitive behavior in the market, such as tying, predatory pricing, and monopolistic or exclusionary behavior—offering solutions that other firms might miss.

Retailers and consumer products companies need lawyers and policy professionals who can provide both practical, timely legal advice and aggressive, pro-active litigation counsel. Our ability to effectively meet our clients’ needs across this spectrum makes us the firm of choice for some of the industry’s market leaders.

Representative Matters

Litigation & Disputes

  • Representing MillerCoors in a false advertising lawsuit against Anheuser-Busch related to the Bud Light corn syrup campaign, attacking Miller Lite and Coors Light brands, launched during the 2019 Super Bowl broadcast. 
  • Defended AT&T in litigation against Sprint regarding advertising for 5G wireless services.
  • We helped an iconic maker of diapers defend its claim to offer unique performance for newborn diapers, carving out a unique niche in the market.
  • Represented Similasan against a competitor in a false advertising and trademark infringement action brought under the Lanham Act, and have brought counterclaims for false advertising regarding competing products.
  • On behalf of a famous online retailer of medical devices, we crafted a regulatory strategy that helped maintain its preeminent position while ensuring that lower-cost and potentially unsafe competition could not unfairly encroach.

Transactional

  • Counseled an appliance manufacturer on a national promotion in connection with the Grammy Awards, including negotiation of a music artist endorsement deal and media placements.
  • Advised a big-box retailer in the development of a price comparison and savings incentive program and online platform.
  • Negotiated advertising and media agency agreements for luxury goods and apparel retailers.
  • Defend SAG/AFTRA claims related to the use of talent in commercials for a variety of retail and consumer product brands.
  • Assisted a multinational manufacturer and marketer of home appliance with the development and launch of its IoT-enabled smart kitchen through strategic negotiations, commercial agreements, and counseling advice.
  • Advised an online retailer in substantiating online price savings claim.
  • Advised a big box retailer in developing television, radio, and print price comparison advertising in English and Spanish.
  • Advised a manufacturer’s shopper marketing team in reviewing and approving coupons, rebate offers, and other promotions offered by retail partners.

View More

20 Miles Per Hour Divides NHTSA and CPSC Jurisdiction Over Micromobility Products (August 19, 2020). Author: Rebecca Baden Chaney.
Publications
Partisan Overtones Dominate Senate Confirmation Hearing for CPSC Chair Nominee Dr. Nancy Beck (June 17, 2020). Authors: Matthew Cohen and Byron R. Brown.
Publications
"Calls for Treaty on Marine Litter Continue During World Oceans Week," Environment & Natural Resources Law Alert (June 12, 2020). Contacts: Robert Holleyman, Clark Jennings, Ryan MacFarlane, Olivia Burzynska-Hernandez
Client Alert/Newsletter
Recalls in Review: Dresser Tip-Over (May 4, 2020). Authors: Carolyn W. Wagner and Cheryl A. Falvey.
Publications
Turning Fees into Funds: Maximizing Recovery in the MC/Visa Interchange Fee Litigation (March 9, 2020). Authors: Daniel A. Sasse, Deborah E. Arbabi, Charlene Sun and Christy Markos.
Publications
Recalls in Review: Stroller Recalls (February 28, 2020). Authors: Carolyn W. Wagner and Colleen Johnson.
Publications
CPSC Acting Chairman Adler: Renew Unilateral Safety Warnings and Civil Penalties (February 28, 2020). Authors: Matthew Cohen, Cheryl A. Falvey and Carolyn W. Wagner.
Publications
Voluntary Standards: Treat as “Voluntary” at Your Own Risk (February 25, 2020). Authors: Carolyn W. Wagner and Jessica D. Gilbert.
Publications
Clean Beauty…or Dirty Business? (February 19, 2020). Authors: Christopher A. Cole and Sari Schreiber.
Publications
Doing Business in China – Managing “Fapiaos” (February 4, 2020). Authors: Nicole Janigian Simonian, Jackson C. Pai, Evan Y. Chuck and Ye Zhou.
Publications

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

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