Social Media
Legal Lessons from Nutrisystem’s Pinterest Testimonial Campaign
July 16, 2012On July 12, 2012, the National Advertising Division of the Council of Better Business Bureaus (NAD) completed its review of Nutrisystem, Inc.’s Pinterest campaign entitled “Real consumers. Real success.” The NAD’s press release announced that Nutrisystem’s weight loss success profiles constituted consumer testimonials and should be in compliance with the FTC Endorsement and Testimonial Guidelines.
Read More...Why Brands Need to Conduct Background Checks Before Choosing Their Sweepstakes and Contest Winners
June 26, 2012Are you choosing a fan to reward in a social media sweepstakes or contest? Many advertisers find it useful to investigate the background and history of the potential winners for criminal or unsavory backgrounds before awarding the prize. Because social media leaves the brand so exposed to negative public relations, contestant vetting is a vital due diligence step. As the attorney drafting the promotions’ rules, I may collaborate with a private investigator on these issues.
Read More...How To Give Your Brand’s Advertising Increased Free Speech Protection
May 24, 2012As advertising content becomes more sophisticated and crosses over into entertainment, it is becoming more difficult to distinguish commercial from noncommercial speech. Why does this matter? The First Amendment affords a higher degree of protection for noncommercial speech than commercial speech. A recent lawsuit between Michael Jordan and Jewel Food Stores, Inc., a grocery chain, erodes the line between noncommercial and commercial messaging.
Read More...What Do the New gTLDs Mean for Brand Trademark Protection?
April 26, 2012The Internet will soon expand as ICANN grants a new group of generic top-level domain names (“gTLDs”) in coming months. Instead of only the usual “.com” or “.org” suffixes to which we are accustomed, we will now start to see “.yourbrand” website addresses. While the deadline for a brand applying for its own gTLD has passed, marketers still need to pay attention to this development. The new gTLDs will bring in a flood of cybersquatters. Any brand whose customers find them by searching the Internet or any brand that generates revenue on the Internet should work quickly with legal counsel to create an action plan to protect its trademarks.
Read More...Pinterest’s Updated Terms: Copyright Concerns Continue
March 26, 2012Last Friday, Pinterest released its updated Terms of Service, declaring that these terms “are easier to understand and better reflect the direction our company is headed in the future.” So that raises the question: where is Pinterest headed?
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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