Advertising and Marketing Law
Why Brands Need to Conduct Background Checks Before Choosing Their Sweepstakes and Contest Winners
June 26, 2012Are you choosing a fan to reward in a social media sweepstakes or contest? Many advertisers find it useful to investigate the background and history of the potential winners for criminal or unsavory backgrounds before awarding the prize. Because social media leaves the brand so exposed to negative public relations, contestant vetting is a vital due diligence step. As the attorney drafting the promotions’ rules, I may collaborate with a private investigator on these issues.
Read More...Sugary Soda Ban in NYC: Rational but Unreasonable
June 12, 2012I rarely feel compelled to give my opinion publicly, but this one has me fuming. Mayor Bloomberg of New York City wants to ban supersized soda and sugary beverages sold at restaurants, delis, food carts, movie theaters, and arenas. The ban would apply to any container holding more than 16 ounces, and if passed by the NYC’s Board of Health, could go into effect as early as March, 2013. Violators would face fines.
Read More...Marketing Promoting Products’ Health Benefits Needs Annual Checkup
June 5, 2012For marketers of health foods and food-derived products, supplements, nutraceutical products, and weight loss products, these are dangerous times. Many of these marketers tout their products’ health benefits in advertising. In the past two years, however, we have seen and increase in challenges to such advertising from the Federal Trade Commission (FTC), state Attorneys-General, class action lawsuits, and watchdog group and industry lawsuits.
Read More...How To Give Your Brand’s Advertising Increased Free Speech Protection
May 24, 2012As advertising content becomes more sophisticated and crosses over into entertainment, it is becoming more difficult to distinguish commercial from noncommercial speech. Why does this matter? The First Amendment affords a higher degree of protection for noncommercial speech than commercial speech. A recent lawsuit between Michael Jordan and Jewel Food Stores, Inc., a grocery chain, erodes the line between noncommercial and commercial messaging.
Read More...What Do the New gTLDs Mean for Brand Trademark Protection?
April 26, 2012The Internet will soon expand as ICANN grants a new group of generic top-level domain names (“gTLDs”) in coming months. Instead of only the usual “.com” or “.org” suffixes to which we are accustomed, we will now start to see “.yourbrand” website addresses. While the deadline for a brand applying for its own gTLD has passed, marketers still need to pay attention to this development. The new gTLDs will bring in a flood of cybersquatters. Any brand whose customers find them by searching the Internet or any brand that generates revenue on the Internet should work quickly with legal counsel to create an action plan to protect its trademarks.
Read More...Pinterest’s Updated Terms: Copyright Concerns Continue
March 26, 2012Last Friday, Pinterest released its updated Terms of Service, declaring that these terms “are easier to understand and better reflect the direction our company is headed in the future.” So that raises the question: where is Pinterest headed?
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