Uncategorized
Preventing Legal Mistakes in Social Media Sweepstakes and Contests
February 13, 2012Marketing consultants frequently recommend the use of sweepstakes and contests on social media platforms. Yet, in their enthusiasm for using this exciting marketing tool, marketers frequently expose themselves to legal risk. This blog will examine ten mistakes that brands make in launching a social media prize promotion.
Read More...How to File Trademark Applications For Social Media Related Services
February 2, 2012In 2011, some of the most frequently used terms in trademark applications were “social”, “book”, “network” and “mobile.” This trend at the USPTO reflects the proliferation of social media related services in the marketplace. So how does one file to protect a trademark for social media related services?
Read More...Mobile Marketing Matures: Legal Issues Persist
January 24, 2012Earlier this week, I was interviewed as a legal expert in the PR News digital article “As Texting Moves from Simple Bottom-Line Actions, R U Ready?” (See January 23, 2012 edition at www.prnewsonline.com.) After exploring some of the innovations in mobile marketing for PR professionals, the article included my comments about the biggest legal risks in mobile marketing. These are 1) creating a proper consumer opt-in; 2) conducting legal prize promotions; and 3) identifying privacy concerns.
Read More...Legal Requirements for Claiming Products “Made in America”
January 10, 2012On Friday, January 6, 2011, The New York Times reported that manufacturing is experiencing an upswing in the United States. When can a manufacturer claim that its products are made in America? What does “Made in USA” mean from a legal perspective? This is a good time to review the FTC’s “Enforcement Policy U.S. Origin Claims” in advertising and packaging.
Read More...Hidden Legal Landmines in Managing Social Media Proliferation
January 5, 2012Today, The Altimeter Group released its new report “A Strategy for Managing Social Media Proliferation” authored by Jeremiah Owyang. (See below.) In the report, Altimeter explains that companies’ resources are strained to manage all their social media operations and may need the help of outside vendors. The report offers a fascinating look at the current chaotic state of social media management and some possible solutions.
Read More...What the U.S. Constitution Teaches About Drafting Social Media Policies
December 19, 2011I was a history major in college, and I learned to value lessons from our past. When I read that Supreme Court Justice Breyer was the first US Supreme Court justice to participate in a live streaming social media event this past July, I noted that one of our most historic institutions, the Supreme Court, was taking a giant step forward into the future. I was even more struck when I heard what the event was about. Justice Breyer was teaching Tunisian scholars about drafting a constitution for their fledgling democracy, and he was using the American constitution as the lesson book. Powerful lessons from history indeed!
Read More...