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Advertising and Marketing Law

A Q&A on Virtual Arbitrations during Covid-19

June 30, 2020

Arbitrator Kyle-Beth Hilfer sat down for a Q&A through the New York State Bar Association about presiding over a virtual hearing during the pandemic.

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U.S. Supreme Court Ruling: Why Trademark Searches Could Actually Save you Money

April 24, 2020

Skipping trademark searches may cost you your profits if your trademarks infringe on third party’s rights. This week’s U.S. Supreme Court decision in Romag Fasteners, Inc. v. Fossil Group, Inc. underscores why trademark searches can actually end up saving you money.

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Can I Cancel My Contracts Due to Covid-19?

March 23, 2020

 Many businesses are wondering whether they can cancel contracts due to Covid-19. Others are trying to determine how to proceed with contracts going forward. These questions come from parties to both B2B and B2C agreements. Here are some FAQ about force majeure clauses that we are receiving at Hilfer Law along with answers.

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Retailer vs Manufacturer Liability For Product Claims

January 28, 2020

If you are a retailer, you may think you can rely on the manufacturer for substantiation of all advertising claims. In reality, the calculation is not so simple when it comes to the retailer vs manufacturer. In some cases, the retailer may also have liability for unsubstantiated claims. On January 30, 2020, Kyle-Beth Hilfer will speak at ACI’s 3rd Annual Legal, Regulatory and Compliance Forum on Advertising Claims Substantiation. Her panel will explore “Differentiating Substantiation Requirements for Manufacturers and Retailers.” 

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New FTC Guidance: How to Avoid Legal Problems with Influencer Marketing

November 26, 2019

In November 2019, the FTC issued its “Disclosures 101 for Social Media Influencers.” This blog addresses some frequently asked questions that this firm’s clients ask about influencer marketing.

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Protecting A Restaurant’s Intellectual Property (and More)

October 21, 2019

Protecting a restaurant’s intellectual property is about more than its trademarks and copyrights.The restaurant industry is in a state of transformation as it accesses technology and maintains connections with customers in exciting new ways. As a result, multidisciplinary threats to a restaurant brand’s reputation loom large. On November 26, 2019, Kyle-Beth Hilfer will present a CLE webinar “Protecting Intellectual Property in the Restaurant Industry: Trademarks, Copyrights, Social Media, and Marketing Issues.”

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