Advertising and Marketing Law
How Not to Create a Fluid Trademark
October 9, 2013What happens when a well-known trademark owner makes fun of itself? Sometimes, the result is consumer confusion. Burger King has taken the concept of “fluid trademarks” to extremes. In a new campaign, Burger King has focused completely on its french fries, pretending to change its corporate identity to “Fries King.” In so doing, it has confused its followers, proving that fluid trademarks can be risky business.
Read More...5 Top Legal Questions and Answers about Pinterest
October 6, 2013Clients frequently ask questions about copyright issues with Pinterest. In fact, the same questions arise repeatedly. Brands want to know how to avoid copyright violations on Pinterest, and they want to know how they can build a Pinterest marketing strategy into their business plan safely. Realtor Magazine recently interviewed me about how realtors can use Pinterest boards to promote their listings. The legal issues apply across industries. Here are answers to some of the most frequently asked questions about legal issues on Pinterest.
Read More...New Rules Simplify Entry for Facebook Giveaways
September 3, 2013On August 27, 2013, Facebook updated its promotion guidelines to make it easier to run sweepstakes and contests on the platform. In its announcement of the updates, Facebook is reaching out to “businesses of all sizes,” tacitly acknowledging the added expense associated with its previous requirements that sweepstakes and contests run through a third party application.
Read More...Best Legal Practices for Marketing with Vine
July 16, 2013Vine videos have taken social media by storm. Brands are catching on to the trend. A recent survey conducted by Unruly Group Limited shows that companies now use Vine about 4 times more than online videos to market their brand.
Read More...Legal Alert: Brands Need to Regroup to Keep up with Flurry of Legislation Changes
June 26, 2013This spring brought a flurry of regulatory changes and enforcement of existing laws for advertisers and marketers. This legislative update identifies several areas on which brands should focus their attention to remain compliant and to maximize their marketing efforts.
Read More...Do-It-Yourself Trademark Applications: Penny Wise; Pound Foolish
April 25, 2013Trademark protection is a key part of corporate due diligence, serving to improve the value of company’s chief intangible assets. Too many business owners, however, mistakenly believe that seeking trademark protection merely involves filing a form with the United States Patent and Trademark Office (USPTO). They forego legal counsel, assuming they can secure protection themselves and save some money. In the end, they are often surprised by the complexity of the trademark registration process. Here are seven traps that often befall do-it-yourself trademark applicants.
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