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Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

BakerHostetler

Use Caution When Getting All Fire (Crackered) Up with Your Patriotic Posts this July

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We love a good excuse for a reminder about how to substantiate Made in USA Claims, and we get those opportunities annually around the 4th of July. FTC Chair Ferguson apparently also feels the same, so much that yesterday he...more

Fenwick & West LLP

Blurred Lines, Big Lawsuits: The Cost of Missing Disclosures

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Revolve is facing a $50 million putative class action over allegedly failing to enforce disclosure rules in its influencer campaigns. The suit claims that influencers received payments and free products but failed to clearly...more

Venable LLP

National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

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The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more

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

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

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

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

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

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

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

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

Fenwick & West LLP

Influencer Marketing: Top Business and Legal Considerations for 2020

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Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

ArentFox Schiff

The Power of The Influencer and The FTC

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A key component behind an influencer’s sway on their audience is perceived authenticity — and the FTC has taken notice. Advertising and Intellectual Property Partner Pamela M. Deese recently spoke with the BBB National...more

BCLP

FTC Issues Guidance on Proper Disclosures for Social Media Influencers

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Many retailers and online businesses leverage social media to boost brand awareness and promote product sales. The FTC recently has issued guidance on what social media influencers need to do when endorsing products. ...more

Holland & Knight LLP

Social Media Regulation: Advertising, Marketing and the FTC

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Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more

Dorsey & Whitney LLP

#HonestAds : A Wrap Up from the 2018 NAD Conference

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We are back from the 2018 National Advertising Division Annual Conference: The Truth About Advertising Law – Recent Developments and Best Practices that took place over two days in downtown New York. We heard from the NAD...more

Shook, Hardy & Bacon L.L.P.

Bad For Your Health: Lawsuit Advertising Implications And Solutions

Shook, Hardy & Bacon Partner Cary Silverman has authored a report for the U.S. Chamber Institute for Legal Reform examining the effects of advertising soliciting plaintiffs for lawsuits targeting prescription drugs and...more

Cooley LLP

Alert: New California Privacy Law for Minors Has Taken Effect as of January 2015

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California S.B. 568, titled "Privacy Rights for California Minors in the Digital World," (the "Privacy Law") took effect January 1, 2015. The new Privacy Law includes a provision known as the "Eraser Law" that gives...more

Morrison & Foerster LLP - Social Media

What Are the Rules of the Advergame in the UK?

Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or...more

Pillsbury - Global Sourcing Practice

Database Marketing Outsourcing

Database marketing outsourcing is a strategic transaction for retailers. This type of outsourcing can facilitate the integration of diverse marketing channels e.g., web, social media, catalog and in-store sales) and enable...more

Perkins Coie

FTC Sends Warning About Using Social Media With Promotions

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The Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices. In doing so, the FTC issued a...more

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