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Insights

Pinterest’s Predicament: Legal Issues Prevent Social Media Maturity

February 28, 2012

Last week, Pinterest’s blog said that it was growing up.  The blog stated, “we…know that copyright is a complicated and nuanced issue and we have knowledgeable people who are providing lots of guidance.” It next offered an opt out system by which website owners could embed code to prevent their content from being pinned.

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Preventing Legal Mistakes in Social Media Sweepstakes and Contests

February 13, 2012

Marketing 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.

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How to File Trademark Applications For Social Media Related Services

February 2, 2012

In 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?

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Mobile Marketing Matures: Legal Issues Persist

January 24, 2012

Earlier 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.

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Legal Requirements for Claiming Products “Made in America”

January 10, 2012

On 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.

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Hidden Legal Landmines in Managing Social Media Proliferation

January 5, 2012

Today, 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.

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