Advertising and Brand Protection
Overview
Advertising is essential for your business. It is also one of the largest sources of risk you face. Everyone is watching: consumers, competitors, regulators, and class action lawyers. Take too conservative a path and nobody will pay attention to your ads. Step over the line, and you may attract unwanted attention that could embroil your company in a costly investigation or litigation – not to mention possible reputational damage. The most successful businesses chart a path of maximum impact, investing in advertising claims that truly differentiate them, while successfully managing legal risk.
The group consistently provides thoughtful and practical legal guidance.
— Chambers USA, 2020
Contacts
Insights
Client Alert | 4 min read | 08.28.25
9th Circuit Marches Forward to the Future Finding Digital Assets Are Protected Under Trademark Law
The Ninth Circuit ruled that NFTs are not just digital collectibles but legally recognized goods under the Lanham Act. Yuga Labs, Inc. v. Ryder Ripps and Jeremy Cahen, Case No. 24-879 (9th Cir. July 23, 2025). NFTs are intangible, fully virtual, authenticating software code that is associated with separate digital or physical content. Although the Ninth Circuit found that there were genuine issues of material fact that precluded summary judgment on the issue of likelihood of confusion, the court recognized that NFTs are commercial products with tangible value subject to trademark protection. This means that NFT creators and projects can now claim trademark rights in their collections’ names, logos, and associated marks.
Client Alert | 4 min read | 08.19.25
Forged Faces, Real Liability: Deepfake Laws Take Effect in Washington State and Pennsylvania
Client Alert | 6 min read | 08.14.25
Changes in Sunscreen Regulation & Litigation are Heating Up: Updates from Congress to the Courts
Client Alert | 3 min read | 07.28.25
Fundamental Copyright Principles Underscored in AI Context: Voice Attributes Are Not Protectable
Insights
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01.09.25
The Trademark Lawyer
FTC Blog Updates March 10 – March 14
|03.24.25
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (January 13 – January 31, 2025)
|02.11.25
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (December 30 – January 10, 2025)
|01.16.25
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (December 16 – December 27, 2024)
|01.08.25
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (December 9 – 13, 2024)
|12.31.24
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (December 2-6, 2024)
|12.11.24
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (September 16-27, 2024)
|10.09.24
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (May 13 – May 24, 2024)
|05.30.24
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (April 15 – April 19, 2024)
|04.23.24
Crowell & Moring’s Retail & Consumer Products Law Observer
Professionals
Insights
Client Alert | 4 min read | 08.28.25
9th Circuit Marches Forward to the Future Finding Digital Assets Are Protected Under Trademark Law
The Ninth Circuit ruled that NFTs are not just digital collectibles but legally recognized goods under the Lanham Act. Yuga Labs, Inc. v. Ryder Ripps and Jeremy Cahen, Case No. 24-879 (9th Cir. July 23, 2025). NFTs are intangible, fully virtual, authenticating software code that is associated with separate digital or physical content. Although the Ninth Circuit found that there were genuine issues of material fact that precluded summary judgment on the issue of likelihood of confusion, the court recognized that NFTs are commercial products with tangible value subject to trademark protection. This means that NFT creators and projects can now claim trademark rights in their collections’ names, logos, and associated marks.
Client Alert | 4 min read | 08.19.25
Forged Faces, Real Liability: Deepfake Laws Take Effect in Washington State and Pennsylvania
Client Alert | 6 min read | 08.14.25
Changes in Sunscreen Regulation & Litigation are Heating Up: Updates from Congress to the Courts
Client Alert | 3 min read | 07.28.25
Fundamental Copyright Principles Underscored in AI Context: Voice Attributes Are Not Protectable
Contacts
Insights
Client Alert | 4 min read | 08.28.25
9th Circuit Marches Forward to the Future Finding Digital Assets Are Protected Under Trademark Law
The Ninth Circuit ruled that NFTs are not just digital collectibles but legally recognized goods under the Lanham Act. Yuga Labs, Inc. v. Ryder Ripps and Jeremy Cahen, Case No. 24-879 (9th Cir. July 23, 2025). NFTs are intangible, fully virtual, authenticating software code that is associated with separate digital or physical content. Although the Ninth Circuit found that there were genuine issues of material fact that precluded summary judgment on the issue of likelihood of confusion, the court recognized that NFTs are commercial products with tangible value subject to trademark protection. This means that NFT creators and projects can now claim trademark rights in their collections’ names, logos, and associated marks.
Client Alert | 4 min read | 08.19.25
Forged Faces, Real Liability: Deepfake Laws Take Effect in Washington State and Pennsylvania
Client Alert | 6 min read | 08.14.25
Changes in Sunscreen Regulation & Litigation are Heating Up: Updates from Congress to the Courts
Client Alert | 3 min read | 07.28.25
Fundamental Copyright Principles Underscored in AI Context: Voice Attributes Are Not Protectable