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Law of Advertising, Marketing and Promotions, The

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The Law of Advertising, Marketing and Promotions explains the complex and evolving legislative, regulatory, court-based, and self-regulatory rules governing advertising content and practices.

This is a great resource for anyone working in advertising law, and will also save a ton in Westlaw charges if you hand it over to associates just learning the ropes.
- Rebecca Tushnet's 43(B)log


“At last: a desk manual that works for everybody... An extraordinarily well organized and itemized work that explains the law in plain English and provides the current views of circuit courts where available.” – Advertising Law Alert

Advertising has become ubiquitous in daily life, especially since the explosion of new media. The Law of Advertising, Marketing and Promotions explains the complex and evolving legislative, regulatory, court-based, and self-regulatory rules governing advertising content and practices.

When is an omission a false claim under the Lanham Act? When can you use a competitor's name in online keyword advertising? This timely and indispensable treatise covers everything from the procedures for challenging false advertising to the questions raised by the latest online techniques. It provides legal analysis as well as practical tools, such as checklists for claim substantiation, disclosure and disclaimers, and sweepstakes.

Topics covered include: statutes, regulations, and case law; industry rules such as television network and Children's Advertising Review Unit (CARU) guidelines; false advertising claims and defenses; consumer surveys; intellectual property infringement, fair use and trademark dilution; direct marketing, sweepstakes, and contests; keywords, pop-ups and other online ads; rules for special products and industries; pros and cons of litigation in various fora; remedies; and more.

This complete guide to legal risk will help advertisers and their counsel make sense of overlapping legal structures, anticipate problems, and handle the issues raised by all types of advertising.

Book #00709; loose leaf, one volume, more than 750 pages; published in 2011, updated as needed; no additional charge for updates during your subscription. Loose leaf print subscribers receive supplements. The online edition is updated automatically. ISBN 978-1-58852-172-9 

Additional Information
Division Name LJP
Volumes 1
Product Types Books
Brand LJP
Jurisdiction National
ISBN 978-1-58852-172-9
Page Count 0
Edition 0
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Bruce P. Keller
Bruce P. Keller supervises the Intellectual Property Litigation practice at Debevoise & Plimpton LLP. His experience covers all areas of intellectual property and media law, including false advertising, unfair competition, right of publicity, trademark, copyright and sports related matters. He is consistently ranked as one of the nations leading lawyers in these areas by a number of industry publications and, over the last 25 years, has successfully litigated a number of precedential advertising-related matters.


In addition to maintaining a full-time litigation practice, Mr. Keller has taught at The Berkman Center for Internet and Society at Harvard Law School and, in May 2008, received the Berkman Award, the Centers highest honor, for his pro bono service as a lawyer, educator and co-director of the Centers clinical program. He has also been Counsel to the International Trademark Association (INTA).

Mr. Keller received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.

David H. Bernstein
David H. Bernstein is a litigation partner in the New York office of Debevoise & Plimpton LLP. He has handled a wide range of high profile intellectual property matters involving false advertising, trademark and trade dress infringement and dilution, Internet and domain name law, anti-counterfeiting, copyright infringement, right of publicity, misappropriation, trade secret and patent infringement matters. Mr. Bernstein is recognized as a leading intellectual property practitioner by such publications as the IFLR Benchmark Litigation Guide, Chambers USA and Legal 500 US.


Mr. Bernstein is also an adjunct professor at George Washington University Law School where he teaches Advanced Trademark Law. He was formerly Counsel to the International Trademark Association (INTA) and currently chairs INTA_x0019_s U.S. Amicus Brief Subcommittee. He has written and lectured widely on IP law issues. Mr. Bernstein received his A.B. magna cum laude from Princeton Universitys Woodrow Wilson School of Public and International Affairs in 1985, his M.Sc. from the London School of Economics and Political Science in 1986, and his J.D. from Yale Law School in 1989. He served as Law Clerk to the Honorable Robert E. Keeton, US District Court for the District of Massachusetts, from 1989-1990.

Paul D. Rubin

Paul D. Rubin is a partner in the Washington D.C. office of Debevoise & Plimpton LLP. His practice includes all areas of advertising law with a focus on Federal Trade Commission (FTC) investigations and counseling. He also routinely appears before the National Advertising Division of BBB National Programs (NAD). Mr. Rubin has particular expertise on the intersection of advertising law and FDA-regulated companies, including pharmaceutical, device, and consumer product companies. As Chair of the firm’s FDA regulatory practice and co-chair of the firm’s Healthcare and Life Sciences Group, he routinely advises life sciences and consumer product companies on complex advertising and promotion issues including false advertising litigation under Section 43(a) of the Lanham Act. He is a frequent author and lecturer on FTC and FDA law and has guest lectured at the University of Pennsylvania Law School. Mr. Rubin graduated magna cum laude with a B.S. in Economics from the Wharton School of Business in 1989, and graduated cum laude from the University of Pennsylvania Law School in 1992.

Jared Kagan

Jared I. Kagan is a counsel in the New York office of Debevoise & Plimpton LLP, as part of the Intellectual Property group. His practice includes litigation and counselling on trademark, false advertising, copyright, and defamation matters, and he has litigated cases in state and federal courts, before the Trademark Trial and Appeal Board and before the National Advertising Division of the BBB National Programs. Mr. Kagan represented Kind, LLC, and prevailed, in the first case to go fully through the National Advertising Division’s fast track SWIFT resolution process that the NAD launched in 2020. Mr. Kagan’s other recent advertising, trademark and IP cases include representations of Frontier Communications, WeWork, Abbott Labs, BodyArmor, Bank of America, and Costco. Mr. Kagan graduated from Cornell University with a B.S. in Industrial and Labor Relations in 2007, and graduated summa cum laude from New York Law School in 2010, where he was a Dean’s Scholar and John Marshall Harlan Scholar.

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