Litigation / Marketing Communications

We understand that disputes involving marketing communications companies — particularly where the company’s client is also directly involved — can present sensitive practical considerations. Our team has extensive experience successfully representing advertising, public relations, and digital marketing companies in commercial and intellectual property litigation.  This includes handling contract disputes between agencies and clients, claims over alleged unauthorized use of copyrighted material or uses in excess of a license, and controversies involving rights of publicity and privacy.

Representative Matters

  • Lead trial counsel for a marketing and promotions company in a two-week arbitration proceeding against world's largest automaker. Obtained an arbitration award for money damages and credit for creative work product based on breaches of contract.
  • Represented new media company in action over alleged misappropriation of name and likeness of celebrity doctor for website content and marketing campaign. Negotiated voluntary dismissal of claims.
  • Represented advertising agency in contract and copyright dispute over alleged use of images beyond the scope of the license with photographer. Negotiated favorable settlement.
  • Represented advertising agency in contract and intellectual property dispute involving alleged misappropriation of a fictional character for use in an advertising campaign. Negotiated favorable resolution after filing Motion to Dismiss.
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Litigation Specialties

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  • “Sklar Kirsh’s attentiveness to detail, breadth and depth of legal knowledge, uniquely combined with good business judgment, have made them terrific thought partners. Their approach to problem solving and ability to be collaborative, have made them a pleasure to work with. We are delighted to have their counsel.”
    — Yaniv Tepper, Manager of Kinematics, LLC, and Managing Partner and co-Founder, Angeleno Group, LLC

This testimonial does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.