Practice Area Overview

Trade Regulation

Intellectual Property

Trademarks and service marks -- valuable intellectual property for businesses -- may be registered federally with the U.S. Patent and Trademark Office (PTO) and locally with various states.  Copyrights in published works similarly may be federally registered with the U.S. Copyright Office.  These registrations help protect client interests against infringement by third parties.

At Olsson Frank, we assist clients in the following kinds of matters:

• Prosecution of applications to register trademarks and service marks in the PTO, including analysis of trademark search reports generated by our consulting search firm, Government Liaison Services

• Representation of clients in Opposition and Cancellation proceedings before the PTO’s Trademark Trial and Appeal Board (TTAB)

• Registration of copyrights in publications with the U.S. Copyright Office

• Preparation of cease and desist letters to protect clients’ intellectual property from competitors

Advertising

Advertising practices are governed by a number of different laws and regulations, which are administered by federal and state agencies, including the Federal Trade Commission (FTC).  In addition, advertisers often deal with self-regulatory bodies, including the National Advertising Division (NAD) and the Children’s Advertising Review Unit (CARU) of the Council of Better Business Bureaus. Our attorneys have the experience and expertise necessary to effectively resolve issues concerning our clients’ advertising practices.  We have an in-depth understanding of how the different governing bodies operate, as well as how they interact with one another.

Our attorneys provide clients with the following legal services:

• Review of client advertising to ensure requisite substantiation and truthful expression of objective claims

• Representation of clients in FTC investigations

• Counsel to clients in challenges to national advertising before the NAD and CARU

• Objection to false or deceptive advertising by competitors by filing complaints with federal or State agencies or with the NAD, or by sending cease and desist letters

Anticompetitive Practices

We counsel our clients on a range of antitrust matters, including pricing, distribution and marketing practices, and competitive collaborations.  Our trade association clients have unique antitrust needs.  To meet those needs, we monitor association meetings, review agendas and minutes, and counsel our clients on the many antitrust issues that associations must address.  We advise on association activities, such as surveys, research, benchmarking, standard setting, and membership criteria.  Further, we represent associations in instances where antitrust enforcement agencies initiate industry-wide investigations.  With our many years of experience representing distributors, we also counsel clients on issues involving Robinson-Patman Act compliance, including marketing and promotional allowances.

Trade Regulation Attorneys:

• Philip C. Olsson
• Richard L. Frank 
• Dennis R. Johnson
• Arthur Y. Tsien
• John W. Bode
• Michael J. O'Flaherty
• David L. Durkin
• Neil F. O'Flaherty
• Tish E. Pahl
• Robert A. Hahn  
• Elliot Belilos
• Kathryn E. Balmford