United States: Advertising, Marketing & Branding

Kelley Drye's Advertising Law team has earned prestigious rankings across Chambers USA, Legal 500, and Super Lawyers, reflecting their expertise in navigating complex regulatory landscapes. The firm's attorneys continue to lead industry discussions on surveillance pricing, AI compliance, email marketing litigation, and FTC consent orders while providing strategic guidance on emerging consumer protection challenges.

The Federal Trade Commission's $2.95 million settlement with Handy Technologies raises critical questions about earnings claims in the gig economy and the scope of the FTC's penalty offense authority. Commissioner Ferguson's dissenting statement reveals deep divisions within the Commission regarding what constitutes a predicate offense and the standards governing "up to" earnings representations. This case signals heightened scrutiny for companies that received penalty offense notices and advertise earnings

Major League Baseball's All-Star Game logos and branding represent a sophisticated trademark strategy that extends far beyond the field. From specially designed annual logos featuring location-specific graphics to protected acronyms and classic baseball phrases, MLB demonstrates how comprehensive intellectual property protection creates valuable assets across merchandise, broadcasting, and brand identity.

The Federal Trade Commission has escalated its enforcement of Made in USA claims by sending warning letters to seven companies, following President Trump's executive order prioritizing such enforcement. Companies face potential civil penalties of up to $53,088 per violation if they cannot substantiate that "all or virtually all" of their products were made in the USA, including claims made through social media hashtags.

The U.S. Supreme Court's unanimous June 4, 2026, decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, clarified the standard for induced patent infringement under 35 U.S.C. § 271(b).

The Federal Trade Commission has charged three companies with deceiving small business customers by marketing an AI-powered "Active Listening" service that claimed to eavesdrop on consumers' conversations through smart devices to serve targeted ads. The FTC alleges the service was nothing more than ordinary email list buying dressed up in surveillance-themed marketing language, raising critical questions about AI washing and consumer consent in digital advertising.

The U.S. Supreme Court has fundamentally altered the structure of federal agency independence by ruling that the President can fire FTC Commissioners at will, overturning nearly 90 years of precedent. This landmark decision eliminates the traditional "for cause" removal protections that had insulated the Federal Trade Commission from direct presidential control. The ruling raises critical questions about how this shift in executive power will impact the consistency and predictability of advertising regulati

Washington State's Commercial Electronic Mail Act (CEMA) has undergone significant changes following the Brown v. Old Navy decision and subsequent legislative amendments. Recent court rulings are now addressing critical questions about federal jurisdiction, preemption defenses, and constitutional challenges that will shape the future of CEMA litigation for companies doing business with Washington residents.

A growing wave of class actions—like the new suit against Gymshark—targets brands that use influencers without clearly disclosing paid relationships, alleging that “authentic” posts were actually sponsored ads...