We’ve seen this scenario (one too) many times before: the business/marketing team comes to the in-house legal team and wants to run a sweepstakes or contest to promote a brand or a new product line. Surprise! They are hoping...more
If artificial intelligence is so great, why can’t it reliably predict the weather?
The weekend has just closed on another very rainy Floridian ANA Masters of Advertising Law Conference (Last year we had a hurricane, so...more
11/21/2023
/ Advertising ,
Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Copyright ,
Discrimination ,
Executive Orders ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
Marketing ,
Privacy Laws ,
Technology ,
USPTO
On June 29, the Federal Trade Commission (FTC) published its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Guides”), together with an FAQ document, FTC’s Endorsement Guides: What People...more
9/7/2023
/ Advertising ,
Disclosure ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Social Media
Those running promotions such as sweepstakes or contests on social media may seek to engage influencers, or individuals with significant social media followings, to enhance their promotions’ visibility and boost engagement...more
12/29/2022
/ Advertising ,
Contests & Promotions ,
Contract Terms ,
Disclosure ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Policies and Procedures ,
Social Media ,
Sweepstakes ,
Written Agreements
Insurance has the potential to play a significant role in the metaverse, which is often defined as an immersive environment designed to be an extension or replica of the real world. For example, we can imagine scenarios where...more
Graduates of The Ohio State University (“Ohio State”) are familiar with fans and supporters (and sometimes, Michigan fans) placing an emphasis on the “THE” when saying the school’s name. But the United States Patent and...more
Due to the sheer volume of recent media coverage, readers of this blog are likely familiar with the “metaverse,” or the idea of a virtual world where users can interact with an immersive computer-generated environment,...more
As discussed on our blog previously, here and here, a promotion sponsor must finalize Official Rules before a promotion begins. But using a third-party social media platform to administer your promotion or accept entries...more
The fourth blog post in our continuing series on The Trademark Modernization Act of 2020 (TMA) comes on the heels of the July 19, 2021, deadline for the public to submit comments on the proposed rules. As discussed by our...more
Insurers naturally allow their agents and other third parties to use their trademarks and service marks. But unless you set clear guidelines for third-party use of your brands, this can be risky. To help protect your...more