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Risky Pinterest Business? Questions on Intellectual Property Protection and Brand Promotion
December 5, 2012Pinterest’s announcement last month that it would allow the creation of business accounts seemed a welcome development. After all, the site had always encouraged authenticity but had not been welcoming authentic commercial use. Now businesses can come out of the shadows and claim their board’s business pages. In so doing, they still face many unanswered questions.
Read More...Legal Response to Newcomers’ Concerns in Launching Social Media Campaigns
November 12, 2012October, 2012 was a busy month for social media panels in Westchester, NY where my offices are located. I spoke at the Westchester County Bar Association about “The Evolution of Lawyers’ Ethics: Traps in Traditional Transactions and in the Use of Social Media” and at the Ad Club of Westchester on “Real World Successes (and Lessons Learned) with Social Media.”
Read More...Influencer Marketing Programs: The FTC is Watching
October 28, 2012The FTC recently closed its investigation of the Hewlett-Packard Company and its public relations firm, Porter Novelli, Inc. for violations of the 2009 Endorsement and Testimonial Guidelines. In a case that closely mirrors the Ann Taylor investigation of 2010, the FTC provided insight into how it determines whether to proceed with charges. (To read its closing letter, click here.)
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...Back to School: Lessons in Truthful Advertising
September 5, 2012Like other mothers across the country, my back-to-school ritual last week included a visit to Staples to shop for school supplies. Who would not be lured by “easy” shopping but more importantly “free” highlighters? Indeed, the “free” highlighters were of particular interest to me as a mother, but they were also of equal interest to me as an advertising lawyer.
Read More...Legal Concerns in Designing Restaurant Menus
August 22, 2012Many states regulate offering specific foods in restaurants. There is little consistency from state to state, resulting in a morass of legal regulations that affects restaurants’ menu options.
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