The Association of National Advertisers will be hosting the ANA Transparency Day, on January 26 from 12 noon-5pm ET in New York at the ANA’s offices. Transparency has probably been the biggest story in the advertising industry over the past year. ANA Transparency Day will bring together a spectrum of perspectives with a focus

The tragic death of renowned recording artist Prince left many reminiscing about his meticulously crafted public image. In life, the law allowed Prince to control the commercial exploitations of his image.  At death, however, that control was lost.

Celebrities routinely harness their “images” as a means of generating revenue, relying on intellectual property and right

MISTAKE NO. 1. Taking Your Eye Off the Mark.

Too often, brand names and trademarks are misused in the quest for creativity.

Self Defense: In the end, it’s all in the name – the brand and trademark of the promoter. With the name and reputation of the promoter at stake, proper appreciation of the promoter’s trademarks is essential. To the suppliers, it’s mostly just money. To the promoter, it’s the franchise it has with the consumer. Without the brand, there is no promotion. Above all else, protect the brand, use it correctly, and have the promoter’s trademark counsel review all materials.

MISTAKE NO. 2. Succumbing to the Monty Hall Syndrome.

When it comes to hiring vendors,"Let’s make a deal" with the cheapest one is a costly approach, particularly with printers.

Self-Defense: Have written procedures and guidelines for the selection of vendors. Don’t always award jobs to the lowest bidder. Reputation and experience are the key elements to look for when selecting vendors, particularly printers, since they are a key player in a successful promotional execution. Whenever possible, go with vendors with whom you have a track record. Due diligence investigations of all suppliers is mandatory. Check references. If the supplier is new, get examples of prior jobs. Visit the plant to see if the equipment is sufficient. Inquire about the supplier’s other commitments and timetable to be certain your project is properly scheduled. Establish timetables and PANIC when they’re not met. Establish contingency plans if something goes awry. Get copies of certificates of insurance and, if necessary, get added as an additional insured. Have a representative present during the job or have access at any time during the contract period.Continue Reading The Top Ten Legal Mistakes in Promotion Design, Execution, Fulfillment and Contracts

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Bits, NY Times: Hulu Faces Privacy Test in Court

Can a privacy law passed in the era of videotape rentals be applied in the era of Internet streaming?

Hulu, the online video content provider, is about to face the test. A lawsuit filed in a federal court in California says Hulu violated its users’ privacy