Media Mentions
Restaurant Law University: Branding and Marketing Concerns
May 23, 2017Hospitality 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.
Read More...Native Advertising Legal Analysis and Practice Tips
July 21, 2016Advertising 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.
Read More...FTC Assault on Lord & Taylor Follows Viral Product Bomb Campaign
March 25, 2016Industry 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.
Read More...5 Top Legal Questions and Answers about Pinterest
October 6, 2013Clients 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.
Read More...Why Penny Auction Sites Could Be Dangerous and Possibly Illegal
September 28, 2012The Internet offers multiple websites luring consumers with promises of free iPads, TVs, and high-tech cameras. Many of these sites are auction sites, selling brand-name merchandise at deep discounts. Consumers bid on the merchandise, just as they do in an auction, but they frequently have to pay for the opportunity to bid. The sites are often referred to as “penny auction” sites, and variations on the model are proliferating rapidly on the Internet.
Read More...Reframing the Pinterest Debate: Seeking Technological Solutions to Copyright Problems
March 21, 2012The 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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