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Advertising and Marketing Law

Reframing the Pinterest Debate: Seeking Technological Solutions to Copyright Problems

March 21, 2012

The Wall Street Journal took notice of the growing concern over Pinterest’s policies in its blog and print editions last week. It cited to this author’s blog in its article “How to Use Pinterest without Breaking the Law.”

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Branding on Pinterest: How to Avoid Legal Liability

March 6, 2012

Last week, I suggested in my post that unless Pinterest addresses the legal issues inherent in its business model more responsibly, it cannot reach maturity as a social media website. I suspect that over time, we may see Pinterest evolve, but how can brands establish themselves on Pinterest in its current format with its existing terms and conditions? Below are some steps to take in developing a Pinterest branding strategy that minimizes legal risk.

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Pinterest’s Predicament: Legal Issues Prevent Social Media Maturity

February 28, 2012

Last week, Pinterest’s blog said that it was growing up.  The blog stated, “we…know that copyright is a complicated and nuanced issue and we have knowledgeable people who are providing lots of guidance.” It next offered an opt out system by which website owners could embed code to prevent their content from being pinned.

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Preventing Legal Mistakes in Social Media Sweepstakes and Contests

February 13, 2012

Marketing consultants frequently recommend the use of sweepstakes and contests on social media platforms. Yet, in their enthusiasm for using this exciting marketing tool, marketers frequently expose themselves to legal risk. This blog will examine ten mistakes that brands make in launching a social media prize promotion.

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How to File Trademark Applications For Social Media Related Services

February 2, 2012

In 2011, some of the most frequently used terms in trademark applications were “social”, “book”, “network” and “mobile.” This trend at the USPTO reflects the proliferation of social media related services in the marketplace. So how does one file to protect a trademark for social media related services?

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Mobile Marketing Matures: Legal Issues Persist

January 24, 2012

Earlier this week, I was interviewed as a legal expert in the PR News digital article “As Texting Moves from Simple Bottom-Line Actions, R U Ready?” (See January 23, 2012 edition at www.prnewsonline.com.) After exploring some of the innovations in mobile marketing for PR professionals, the article included my comments about the biggest legal risks in mobile marketing. These are 1) creating a proper consumer opt-in; 2) conducting legal prize promotions; and 3) identifying privacy concerns.

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