Insights
Marketing Promoting Products’ Health Benefits Needs Annual Checkup
June 5, 2012For marketers of health foods and food-derived products, supplements, nutraceutical products, and weight loss products, these are dangerous times. Many of these marketers tout their products’ health benefits in advertising. In the past two years, however, we have seen and increase in challenges to such advertising from the Federal Trade Commission (FTC), state Attorneys-General, class action lawsuits, and watchdog group and industry lawsuits.
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.”
Read More...Branding on Pinterest: How to Avoid Legal Liability
March 6, 2012Last week, I suggested in my post that unless Pinterest addresses the legal issues inherent in its business model more responsibly, it cannot reach maturity as a social media website. I suspect that over time, we may see Pinterest evolve, but how can brands establish themselves on Pinterest in its current format with its existing terms and conditions? Below are some steps to take in developing a Pinterest branding strategy that minimizes legal risk.
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