Patterson Belknap protects brand equity in high-stakes advertising litigation and regulatory proceedings. The firm's preeminence in advertising law spans more than four decades, marked by groundbreaking wins for Fortune 500 companies nationwide.
We represent both plaintiffs and defendants in advertising disputes in federal and state courts, as well as before BBB National Programs’ National Advertising Division (NAD) and other regulatory forums. Our clients are leaders in the food and beverage, cosmetics and personal care, consumer goods, pharmaceutical, and technology industries, among many others. Multi-national companies rely on our litigation strength and ongoing strategic counsel for new product launches, claims substantiation, advertising clearance, regulatory proceedings, and related marketing matters.
A Business-Forward Approach
With a strong commercial sensibility, the firm draws on deep industry knowledge and technical expertise to align legal strategy with business objectives. Our lawyers work to understand each client's competitive landscape, product positioning, and overall priorities. This business-focused perspective enables the firm to deliver concrete victories that build brand equity and advance client goals.
Industry-Leading Recognition
Chambers USA and Legal 500 consistently rank Patterson Belknap’s Advertising Litigation practice among the top nationwide. Chambers notes that we are a “go-to firm for high-stakes advertising litigation." Clients describe the team as "top-notch - truly a 'dream' provider for an in-house lawyer," praising our strategic thinking, responsiveness, and attention to detail. In Legal 500, a client offers the following praise: “This is my go-to team for aggressive advertising challenges - when we want to let our competitors know we mean business and we aren't backing down.”
Representative Matters:
- Secured a Lanham Act win for a leading pharmaceutical company concerning its communication of scientific study results comparing the efficacy of the company’s prostate cancer drug to a competitor’s drug. The Southern District of New York denied a preliminary injunction, finding that the study employed reliable science and data sources and the company’s promotion was accurate. The decision is a victory for scientific discourse and patient care.
- Represented a top financial technology company in a class action in California alleging lax security and deceptive marketing of gift cards. Secured summary judgment and an attorney’s fee award against plaintiff’s counsel.
- Secured an appellate victory for a leading water filtration product company in a putative consumer class action alleging that the company’s labeling claims are false and misleading. The Ninth Circuit upheld the firm’s earlier victory in the trial court, which dismissed the complaint on the grounds that a reasonable consumer would not be misled by the claims.
- Represented a global beverage industry leader in California public nuisance action brought by environmental group regarding the company's use of plastic packaging and recyclability representations. Obtained summary judgment dismissing all claims with prejudice.
- Represented a leading grocery retailer in a putative consumer class action alleging inadequate disclosure of prepaid gift card fraud risks. Secured dismissal with prejudice after the court held plaintiff failed to plead any actionable misrepresentation or omission and could not plausibly allege consumer reliance or exclusive knowledge by the retailer.
- Represented a top financial technology company in an action alleging deceptive marketing of gift cards under New York General Business Law. Secured dismissal for failure to state a claim.
- Obtained summary judgment for a leading infant nutrition company in a putative class action alleging consumer protection claims based on trace heavy metals in infant formula products, one of the first such cases in an emerging nationwide litigation trend.