The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
Have you ever snapped a picture at a store opening or a friend's event, only to find yourself unexpectedly captured in someone else's social media post? You might wonder if that's okay, especially if the person who posted...more
Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more
Advances in technology have taken the world by storm in recent years and brand owners must adapt to new forms of expression and brand awareness. Enter the metaverse: an online virtual world where users can interact with each...more
Room Rental Site Sued Over Chimerical Reviews and Listings - FTC keeps promise to ramp up negative attention on false positives - Ghosted - Remember the first time you hunted for your own apartment? The anguish of...more
“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more
Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more
This week, Ancestry.com Inc. prevailed in a class action which alleged that it misappropriated consumers’ images and violated their privacy by using such data to solicit and sell their services and products. ...more
The German Federal Court of Justice recently issued a decision declaring that the use of a photo of a prominent person for an editorial article infringes upon the right to one's own image if the photo is only used as a...more
Your company wants to use a picture taken outside of your office at an event you are hosting or sponsoring. Perhaps the image shows someone wearing your clothing or other product or using something showing your brand....more
FTC Tries to Clean Out 25 Fake Disinfectant Websites - But all information about scheme masterminds has been wiped away - Less Is More - There are elaborate schemes out there – boy, have we covered them. Misdirection, shadowy...more
Reese Witherspoon and Draper James in COVID-19 Giveaway Suit - Safety concerns heightened by virus-inspired Internet boom - Prêt à Despair -Draper James’ dress “giveaway” was a public relations disaster....more
Does Pinterest encourage copyright violations? According to a new lawsuit filed in California federal court by an award-winning professional photographer, the answer is yes. Harold Davis accused the popular social media...more
On November 5, 2019, the United States Federal Trade Commission (“FTC”) issued a guide entitled “Disclosures 101 for Social Media Influencers” and a video “Do you endorse things on social media?” to alert influencers to the...more
As regular readers of Socially Aware already know, there are many potential traps for companies that use photographs or other content without authorization from the copyright owners. For example, companies have faced...more
Four street artists can’t avoid a ride with Mercedes-Benz (“Mercedes”) in the auto manufacturer’s actions seeking a declaration that Mercedes’ posting of photographs on social media that depict the artists’ murals painted on...more
The North Face started an avalanche of controversy when it inserted the brand into Wikipedia entries about well-known mountain peaks to improve the company’s search engine results. The company’s agency in Brazil, Leo...more
A photographer has filed suit against Clorox and its ad company for copyright infringement, arguing that the defendants made use of her photos far beyond what the parties agreed in the contract....more
Taking full advantage of her 15 minutes of fame, the model dubbed the “Fiji Water Girl” has now filed suit against the company....more
A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings; instead, the protection is in the particular photograph or...more
In appellate news, the U.S. Court of Appeals for the Second Circuit declined to consider a high-profile copyright case involving embedded links while the California Supreme Court passed on actress Olivia de Havilland’s...more
Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd., which is the governing regulatory advertising body, in 2011 banned...more
From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more
Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more
This month, a California woman sued Chipotle for $2.2 billion based on the burrito chain's unauthorized use of her photograph in its promotional materials. The $2.2 billion demand represents Chipotle's profits from 2006, when...more
Last Friday the Alabama Supreme Court denied the ADOR’s petition for writ of certiorari in the case of State Dep’t of Revenue v. Omni Studio, L.L.C. The denial by the Supreme Court follows a pro-taxpayer ruling in the Alabama...more