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Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

BakerHostetler

Sponsored: Is it enough? Not always, says NAD

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Our friendly self-regulatory body in the advertising world – the Better Business Bureau’s National Advertising Division (NAD) – flat-tired* a sneaker brand this week for its sponsored posts on editorial publishers’ social...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

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Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

BakerHostetler

Naughty or Nice: Five Tips for Cause Marketing Legal Compliance This Holiday Season

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Fall is in the air, and that means brands are planning holiday promotions. The season of buying is also the season of giving, and Q4 is prime time for brand + charity partnerships and cause marketing campaigns. Often, a...more

Holland & Knight LLP

Metaverse-ing Your Sweepstakes?

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Sweepstakes and other promotional devices, such as contests and giveaways, are already immensely popular in social media. With the growing popularity of the metaverse, many brands are expanding their advertising and marketing...more

BakerHostetler

AD-ttorneys@law - August 2022 #2

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FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

Barnea Jaffa Lande & Co.

Israeli Consumers Can Sue Global Corporations Pursuant to Israeli Law Even if Agreement Determines Otherwise

The Israeli Supreme Court’s ruling in the recent case against Facebook case changes the criteria for determining when the choice of law clause in international companies’ uniform contracts constitutes a discriminatory...more

Goodwin

DOJ Settles with Social Media Company to Resolve Fair Lending and Discriminatory Advertising Allegations

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On June 21, 2022, the U.S. Department of Justice (DOJ) filed a complaint and settlement agreement in federal court alleging that a social media company is in violation of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3619,...more

BakerHostetler

A Legal Practitioner’s Guide to NFTs, Digital Advertising and Media

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In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more

Ervin Cohen & Jessup LLP

FTC Proposes Updates to Endorsement Guides and Requests Public Comment

On May 19, 2022, the Federal Trade Commission (“FTC”) announced that it was considering changes to tighten its guidelines for advertisers against posting fake positive reviews or manipulating reviews by suppressing bad ones....more

Holland & Knight LLP

Marketers Beware: Your Social Media Sweepstakes or Contests Could Be an Illegal Lottery

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A current marketing trend is to use social media sweepstakes for promotion purposes, e.g., "Like and Share Our Facebook or Instagram Post For a Chance To Win a $100 Gift Card!" or "Take Our Five-Minute Survey For a Chance To...more

BakerHostetler

Testimonial Guides Update - The Things That Make Us Go Hmm

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As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more

BakerHostetler

Texas’ Latest Lawsuit Against Google Challenges Endorsements Made by Radio Personalities

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Last week, the State of Texas sued Google in state court for allegedly deceptive advertisements by radio personalities (radio DJs) praising the Google smartphone, the Pixel 4. The lawsuit claims that Google violated the...more

Dorsey & Whitney LLP

Scaling Cannabis Brands Nationally - the Highs (and Lows)

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Late last month, Dorsey led a panel at the inaugural Investing in Women Cannabis Pioneers - The Brand Builders investor conference put on by Roth. The panel was made up of female business leaders at Bhang, Leafly, Insa,...more

Womble Bond Dickinson

You’ve Got Mail (Not the Good Kind): FTC Sends Mass Warning Regarding Deceptive Endorsements

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In brief: The FTC has sent hundreds of advertisers (including high profile retailers, manufacturers, agencies, and other large businesses) across assorted industries a Notice of Penalty Offenses. The Notice warns recipients...more

Saiber LLC

Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?

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On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more

Lathrop GPM

FTC Warns Endorsements Could Lead to Civil Penalties

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Yesterday, the Federal Trade Commission issued a press release suggesting that the agency will be cracking down on allegedly deceptive practices in social media and online reviews, scrutinizing in particular reviewers who...more

Hogan Lovells

German Federal Court of Justice: Personal image for unrelated content is unlawful "clickbait" advertising

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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

Nancy Myrland - Myrland Marketing & Social...

Burger King’s BIG Twitter Mistake: Lessons Learned

In case you were too busy yesterday to notice the Internet blowing up about Burger King’s social media misstep, let’s take a moment or two to help you catch up, and for me to share my perspective on the situation so that we...more

Dorsey & Whitney LLP

Down the Hatch: Jägermeister Douses Impaired Survey Evidence in Trademark Victory

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Jägermeister: it’s no longer for “pukey frat guys.” Or, at least according to Jägermeister’s recent adversary, that was the sordid reputation Jägermeister wanted to shed in a PR blitz launched in 2016....more

Dorsey & Whitney LLP

What’s in a Name? Influencer Trademark Name Disputes Provide Lessons for the New Year on Clarity in Agreements

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Many industries were negatively impacted by the pandemic in 2020, but one industry that continues to grow is the influencer marketing industry. The influencer marketing model typically involves agreements between companies...more

Dorsey & Whitney LLP

FTC Report on Social Media Bots and Deceptive Advertising

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We have previously blogged about the rise of computer generated imagery (CGI) influencers, which are one form of social media bots currently invading the online world. Bots are automated software that perform actions using a...more

Faegre Drinker Biddle & Reath LLP

Will New FTC Endorsement Guidelines Make A #Hashtag of Influencer Advertising?

In a world where social media influencers can wield more power over consumers than network media buys, the Federal Trade Commission’s (FTC) Endorsement Guides felt increasingly like a relic from an earlier era. While not...more

Farrell Fritz, P.C.

Phishing Risks Associated With Social Media

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With the ever evolving cyber threats, it is important to we understand our social media accounts and the way in which they make us vulnerable. Social media (i.e., Facebook, Instagram, WhatsApp, Snapchat…) is free to members...more

Sheppard Mullin Richter & Hampton LLP

After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and...

On February 12, 2020, the Federal Trade Commission (“FTC”) announced that it had voted 5-0 to approve a proposed Federal Register Notice, seeking comment on whether to make changes to its Guides Concerning the Use of...more

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