News & Analysis as of

Protecting Your Brand: A Gift Not Reserved for the Holidays

As we enter the holiday season, one thing that all construction industry professionals can agree on is that brand protection is a gift whose usefulness never ceases. You understand the significance of it. Your logo may appear...more

Manatt Digital Media - October 2014

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - In today’s competitive marketplace, brands are relying heavily on social media and other digital methods to...more

Markit to Market - May 2014

In This Issue: - Scammers Still Be...Scamming - Contests – Check Rules Before Offering! - Catalogs as Specimens - gTLD Sunrise Periods Now Open - Excerpt from Scammers Still Be...Scamming: Based...more

Owning a New Look Through Advertisements

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product...more

Rebranding “Sexy”

On my first day of law school, I received a piece of advice that sticks with me today: if you don’t know, the answer is always “it depends.” In the world of advertising, the most common “easy answer” is “sexy.” If you can’t...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

Native Advertising Takes Center Stage: New NAD Decision Recommends Disclosure of Branded Content as Advertising

Many advertising industry predictions for 2014 have trumpeted the rise of "native advertising" and "content marketing" in digital media, where advertising or sponsored content is integrated with or designed to resemble...more

Advertising Law - Jan 29, 2014

Shape Magazine Should “Clearly and Conspicuously” Disclose Branded Content, Says NAD - Keeping a close eye on native advertising, the National Advertising Division recently reviewed an article in Shape magazine that...more

Law À La Mode - Issue 12 – Winter 2013/14 (Global)

In This Issue: - Mandatory Employment Of Women In Retail Stores In Saudi Arabia: Key points for complying with the new requirements for retailers to employ women in female-oriented stores - No Logo Required:...more

Don’t Let Labels Hold You Back

Pantene Philippines has recently launched a new ad identifying gender stereotypes in the workplace. The ad is part of Pantene’s #WhipIt campaign. The ad has been trending on social media and has been noticed by Sheryl...more

Tonight We Tanqueray a Trademark

Diageo, the Tanqueray brand owner is currently running billboard ads in the Twin Cities as part of its “Tonight We Tanqueray” ad campaign. A couple of years back when the campaign first was announced, Diageo explained it this...more

What’s the future of free speech protections for advertisements?

Faced with sharply declining ad revenue, both the Associated Press and The New York Times recently announced plans to incorporate native advertising into their editorial content streams....more

Outlawing Ambush Marketing

With the 2011 Rugby World Cup (‘RWC’) in New Zealand living up to its billing as the ‘Stadium of Four Million’, the Rugby Football Union and the RWC 2015 Organising Committee have a daunting task ahead of them in exceeding...more

Driving Differentiation

Jason Voiovich, Director of Corporate Marketing, Logic PD Co-Branding outside of the footwear industry helps create competitive space with Nike...more

Nobody Does it Better: Puffery or False Advertising?

A recent decision resolving an advertising dispute between Campbell Soup Company and Tropicana Products, Inc. reinforced what we know to be empirically true: simply claiming to be the “best” really doesn’t mean much at all. ...more

Marks and Spencer's use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High...

The UK High Court handed down its judgment in the long running Google AdWords case, Interflora v Marks and Spencer on 21 May 2013. Mr Justice Arnold has found that Marks and Spencer's bidding on various INTERFLORA trade marks...more

A New Generation of Storytelling: Getting a Grip on The New Pepsi Bottle Design

The importance of “storytelling” seems to be the buzzword lately when it comes to branding communications and decisions. For example, last August Branding Strategy Insider wrote that “Brands Must Master the Art of...more

How to Determine Whether a Franchise is Right for You

Franchising in the United States is a more than $1 trillion per year business. Over 450,000 franchised businesses are in operation in the country and employ about 15 million people. Thousands of franchisors in about 75...more

Advertising Law -- Dec 14, 2012

In This Issue: Hotel Web Sites Receive Warning Letters From the FTC; Not So Lucky? Jeans Brand to Pay $10M to Settle Text Message Suit; NAD: Environmental Claims for Cookware Products Are Overstated; Another “Natural”...more

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