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Intellectual Property & Marketing

To thrive in a competitive market, most companies must be able to capitalize on – and guard – their intellectual property. Industry leaders look to Thomas & LoCicero to protect, register, license, and manage their trademarks and copyrights. As litigators, we regularly prosecute and defend trademark, false advertising, domain name, and copyright cases.

In addition, our firm crafts rules for nationwide marketing campaigns including advertising, sweepstakes and contests used by companies to generate consumer buzz. When your brand is at stake, Thomas & LoCicero is your “go to” law firm.

At TLo, we help advertisers run successful national and international sweepstakes and contests. The laws governing sweepstakes and contests vary dramatically between states, but we know how to navigate these confusing legal waters. We can vet your existing sweepstakes or contest rules or create new official rules to help you maximize participation and minimize risk. We also draft vendor agreements, site licenses, sponsorship agreements, co-promotion agreements, and other related contracts.

TLo’s involvement doesn’t necessarily end once the campaign is launched; we frequently work with our clients to address promotion-related developments and other contingencies that can arise during the campaign. We prepare affidavits of eligibility, liability releases, publicity releases, and other legal documents and required government filings needed as you bring your promotion to a successful conclusion.

Our sweepstakes and contest experience includes serving as the lead law firm for many national loyalty programs, fundraising campaigns, user-generated content promotions, and front and back-end promotions in industries including media, travel, education, non-profits, retail, manufacturing, and more.

Digital commerce is the lifeblood of many businesses. State advertising laws, however, often seem inconsistent, leaving companies concerned about online advertising and marketing. To help their e-businesses thrive, TLo provides a unique series of Web-focused legal services, including creating and assessing click-through agreements, analyzing children’s advertising issues, navigating social networking, counseling on FTC blogger guidelines, creating mobile marketing agreements and providing Web site reviews and recommendations. Our lawyers help you stay at the forefront of online legal issues, so that you can stay ahead of the competition.

Our legal professionals routinely review advertising and marketing materials for regulatory compliance and recommend and prepare privacy and data-related disclosures in creative materials for campaigns in all types of traditional and emerging media, including print, POS, television and radio broadcast, digital, GPS-enabled, geofenced, filtered, SMS, and in-app, and social media platforms of all sizes.

In addition, Thomas & LoCicero attorneys regularly advise clients on other privacy issues in advertising and marketing materials, whether under statutory commercial misappropriation prohibitions, unfair deceptive trade practices regulations, contractual theories based on existing website terms, or common law theories of invasion of privacy based on rights of publicity, disclosure of private facts or intrusion via electronic surveillance.

In conjunction with promotions, contests, and sweepstakes, as well as podcasts, webcasts, vlogs, conferences and other cooperative events, our lawyers routinely prepare privacy-related documents for participants, collaborators, and guests including publicity releases and consents, to outline any rights to use name, likeness, interview content or details, or other information in marketing.

Depending upon the circumstances, litigation is not always necessarily the best option for resolving an intellectual property dispute.  At TLo, our legal team considers a variety of strategies to achieve the optimum results for our clients.  Mediation and arbitration are often sound alternatives.

Gregg Thomas is a certified federal and state court mediator who combines wide-ranging litigation experience with realistic assessments of the strengths and weaknesses of parties' claims and defenses. Gregg recognizes that the parties – not the mediator – settle cases. But he also believes that as a mediator he can provide the parties with an impartial and realistic perspective on their case, and a chance to put litigation behind them. 

From more than 30 years as a civil and commercial litigator, Gregg's approach to mediation, in part, is derived from having clerked for two federal district court judges.
As Gregg has noted, "In almost every case, the parties stand to gain by compromising. If they continue to litigate, they are more likely to lose time, money, and peace of mind."

Defamation law, invasion of privacy, and constitutional claims are the areas in which Gregg is best known, but he also has extensive real-world experience in many other fields, including deceptive and unfair trade practices, contracts, business torts, non-competition agreements, Section 1983 actions, RICO, and trade secrets.

In addition, Thomas & LoCicero  frequently arbitrates cases before the American Arbitration Association (AAA), the National Arbitration Forum (NAF) and the World Intellectual Property Organization (WIPO). In arbitration, we seek to achieve the optimal result in the most efficient, economically feasible manner.