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Media Mentions

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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What You Need to Know Now about Running Legal Social Media Prize Promotions

July 27, 2017

Kyle-Beth Hilfer recently spoke on a webinar offered by The Knowledge Group entitled “Social Media Contests and Sweepstakes: Understanding Legal Considerations and Regulations.” Social media prize promotions  boost engagement and brand awareness and attract customers. While sweepstakes and contests have been around for decades, the social media context creates some unique complications. Here are three important questions you need to ask before running social media prize promotions.

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Restaurant Law University: Branding and Marketing Concerns

May 23, 2017

Hospitality businesses are becoming increasingly creative in their marketing, not only to win new business, but also to maintain relationships with loyal customers. On June 6, 2017, Kyle-Beth Hilfer will moderate and speak at Restaurant Law University. In her presentation on branding, she will discuss the legal implications of various branding and marketing techniques.

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Native Advertising Legal Analysis and Practice Tips

July 21, 2016

Advertising that feels and looks like editorial platform content has existed for decades. In the age of social media, however, “native advertising,” as it is now often called, has become more confusing. Brands have become more sophisticated at disguising their advertising messages within the editorial content, making it more difficult to differentiate commercial speech. The transition from editorial to sponsored content may be so seamless that consumers may not realize that they are perusing advertising. On the heels of John Oliver’s diatribe against this practice, the Federal Trade Commission (FTC) remains consistently concerned about native advertising’s potential to deceive consumers.

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FTC Assault on Lord & Taylor Follows Viral Product Bomb Campaign

March 25, 2016

Industry members were surprised to see swift enforcement of the FTC’s Native Advertising Enforcement Policy, disseminated in December 2015. On March 15, 2016, the FTC announced its first consent order under this policy. Retailer Lord & Taylor (L&T) had run a highly successful social media “product bomb” campaign in March 2015 to launch its apparel line Design Lab. The campaign focused on one paisley, asymmetrical dress. L&T contracted with Nylon, an online fashion magazine, to run an article about the collection and feature the paisley dress. L&T also required Nylon to post a photo of the dress on its Instagram page. L&T reviewed both the article and the Instagram post before publication but failed to require a disclosure that they were paid advertising. Instead, the FTC alleged that L&T falsely and deceptively presented Nylon’s content as independent opinion about the Design Lab line.

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5 Top Legal Questions and Answers about Pinterest

October 6, 2013

Clients 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.

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