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Advertising and Marketing Law

Spinning Wheel Games: How to Keep Them Legal

August 13, 2018

Spinning wheel games are cropping up all over websites offering instant win prizes. Some brands also offer anyone who spins to win the additional chance enter into a grand prize sweepstakes drawing. The catch: the customer has to sign up for a newsletter or other marketing material. Several legal issues, revolve (sorry, pun intended!) around these spinning wheel games. To avoid violating sweepstakes and contest laws, brands should adopt some best practices.

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Why GDPR -EU’s New Privacy Law- Matters to American Companies

April 16, 2018

In the wake of the Cambridge Analytica hack of Facebook, Americans are becoming more concerned about their data. While we await the fallout in terms of regulation here in the USA, companies should be aware that Europe’s General Data Protection Regulation (GDPR) is fast approaching on May 25, 2018. GDPR outlines specific guidelines for handling EU data. Think it’s a European problem and does not apply to your company? Think again. GDPR will affect any company that collects or monitors data on an individual in the EU.

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9 Common Legal Problems in Restaurant Marketing

February 26, 2018

Restaurant marketing has become commonplace, but restaurant owners may not realize their efforts may create legal risk.  Here are nine common legal problems that operators may confront in restaurant marketing.

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Advertising Claims Substantiation: Legal, Marketing, and R&D Perspectives

February 7, 2018

Claiming your product is the best in the industry? Does it have superior service to a competitor? Or perhaps you want to claim that nobody can outperform your product? This kind of advertising copy requires claim substantiation. On January 25, 2018, Kyle-Beth Hilfer spoke at ACI’s Advertising Claims Substantiation Boot Camp. She moderated a panel discussing the key roles, responsibilities, and disciplines of the members of the claim substantiation team.

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Upcoming Webinar: Creating Cutting Edge Ad Campaigns that Protect Intellectual Property

December 27, 2017

The building blocks of any brand are its trademarks, copyrights, and patents. 2018 will bring new intellectual property concerns as brands confront and leverage emerging technologies, such as cryptocurrency incentives, virtual reality, and smart objects. Marketers will need cutting-edge campaigns to stay competitive and promote a brand’s intellectual property. Join me on January 30, 2018 for a practical webinar in which you will learn about how advertising law intersects with intellectual property protection.

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Design Meets Intellectual Property Law Challenges

November 5, 2017

Kyle-Beth Hilfer  will speak about intellectual property law challenges in hospitality design at BDNY 2017 (Boutique Design New York).  Ms. Hilfer will  discuss legal issues in hospitality design at the concept, manufacture, and purchasing stages. In particular, she will present the challenges of legally protecting furniture, lighting, layouts, and decor. In addition, she will explore opportunities for  protecting unique and original hotel brand experiences and FF&E. Finally, Ms. Hilfer will offer best practices for avoiding intellectual property infringement and achieving protection under patent, copyright and trademark laws. 

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