News & Analysis as of

Television Commercials

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

Harvey Keitel Fails Twice to Prove Binding Contract to do Commercials for E*Trade

by Farrell Fritz, P.C. on

In an action for breach of contract, Pulp Fiction and Reservoir Dogs star Harvey Keitel sued E*Trade based upon a Term Sheet entered into between Keitel and advertising agency Ogilvey & Mather NY (“Ogilvey”) for the actor to...more

Agreeing to Agree: Commercial Division Rules Twice that Term Sheets Were Not Binding Agreements

In two recent decisions, Justices Charles E. Ramos and Saliann Scarpulla of the New York Commercial Division ruled that term sheets were not binding agreements. Keitel v. E*Trade Fin. Corp., No. 652220/2015, 2017 BL 131532...more

Manatt on Health Reform: Weekly Highlights - March 2017 #3

House Republicans append a Manager's Amendment to the AHCA; HHS tells states they will have increased flexibility on Medicaid; and Florida previews its 1115 waiver amendment requests....more

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

Sexual Harassment Parody Commercial Held Not To Violate Lanham Act

Section 43(a) of the Lanham Act prohibits false or misleading statements in commerce that are likely to cause confusion as to a person’s affiliation, approval or sponsorship of someone else’s commercial activities. Here’s an...more

Super Bowl Commercial Highlights Pay Equity

by Fisher Phillips on

Many people watch the Super Bowl for the game. Others watch for the commercials. And perhaps even more watch for both. In years past, it would not have been uncommon for people to spend the Monday after the Super Bowl at the...more

IP Newsletter - Superintendency of Industry and Commerce orders TV advertisement pulled for unsupported claims

by Dentons on

Colombia's Superintendency of Industry and Commerce, in Resolution 59176 of 2016, issued an order that the Colombian Association of Consumer Education cease airing a TV advertisement that contained misleading statements about...more

Advertising Law - August 2016 #2

Electric Toothbrushes Battle It Out Before NAD - In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged...more

2016 SAG-AFTRA Commercials Contracts MOAs and Drafting Agreements are Now Available on Joint Policy Committee Website

by Reed Smith on

To access the 2016 SAG-AFTRA Memoranda of Agreement and Drafting Agreements, please visit the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations’ website...more

SAG-AFTRA and the Joint Policy Committee Reach Tentative Agreement on Successor Commercials Contracts

by Reed Smith on

On April 3, 2016, SAG-AFTRA and the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations reached tentative agreement on successor Commercials Contracts. For more regarding the parties’ agreement, please visit...more

In California, Mayhem May Not Be What You See On Television

by Allen Matkins on

While watching the NCAA tournament, I sat through several replays of this Allstate commercial featuring an anthropomorphized mayhem. The advertisement, is one of a series featuring actor Dean Winters as the cause of all...more

Joint Policy Committee and Sag-Aftra Extend Contracts

by Reed Smith on

Please visit jointpolicycommittee.org for an update regarding the 2016 negotiations....more

Advertising Law - March 2016 #4

FCC Releases Privacy Regime for ISPs - Creating a storm of controversy, the Federal Communications Commission released information about its privacy proposal for Internet service providers. Pursuant to the plan,...more

Nobody Puts Trademark Claims in a Corner (Except when Copyright Law Preempts Them)

Nostalgia is a big seller these days. Hollywood continues to produce remakes (and remakes of remakes), politicians lament the better days of yesterday, and companies capitalize on feelings of nostalgia in order to make money....more

The Art of the Drug Ad

Television spots touting prescription medications have flooded the airwaves for nearly 20 years. During that time, pharmaceutical companies marketing their products have become surprisingly savvy at delivering the message....more

The March Madness Road Trip Returns

It’s that wonderful time of year again, March Madness! When families, friends, and coworkers all get together to casually gamble and all throw $10 into a pool. When 12’s beat 5’s and mess up your bracket. When you lose one...more

A Meaningful Shift in Super Bowl Ads

The Super Bowl ads this year were much like the game itself – maybe one remarkable catch, a few fumbles, and heavy on defense. Some even deserved a penalty flag – like the one for toe fungus and the revolting...more

Advertising Law - February 2016

Tensions Mount Prior to Contract Renewal Between Industry, SAG-AFTRA - The ad industry and the Screen Actors Guild-American Federation of Television and Radio Artists plan to negotiate successor agreements to the current...more

Super Bowl Ads, and More Super Bowl Ads?

What is a Super Bowl ad? Typically a Super Bowl ad refers to the ad of a brand that has paid lots of money to air its ad on network television during the Super Bowl, a/k/a The Big Game....more

Nominative Fair Use, as Illustrated by Colorful Balls

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials....more

Bulletin: Information Request from SAG-AFTRA

by Reed Smith on

We understand that some signatories to the Commercials Contracts received an information request from the Union. The JPC has discussed the request with the Union. It is our understanding that these requests are being sent...more

Bulletin: SAG-AFTRA Issues Member Alert to Organize Droga5

by Reed Smith on

SAG-AFTRA’s pledge to increase efforts in enforcing the SAG-AFTRA Commercials Contract and the Radio Recorded Commercials Contract was on full display with its latest Member Alert to organize Droga5, a non-signatory ad...more

Notice to Authorizers and Prudent Planning

by Reed Smith on

The following documents outline the obligations of JPC authorizers with respect to the upcoming SAG-AFTRA negotiations, and provide guidance for the prudent planning of productions....more

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

by McGuireWoods LLP on

Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

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