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
Resources
Till Death Do Us Part? How to Deal With Celebrity Publicity Rights When That Celebrity Passes
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…
Just Released: This Quarter’s GALA Gazette
Read the latest issue of the Global Advertising Lawyers Alliance (GALA) quarterly e-newsletter, the GALA Gazette, containing advertising law news and updates from around the world.
Reed Smith is founder and member of GALA, a network of local counsel who specialize in advertising, promotions and media law, in more than 50 countries.
Continue Reading Just Released: This Quarter’s GALA Gazette
The Top Ten Legal Mistakes in Promotion Design, Execution, Fulfillment and Contracts
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
What We’re Reading 8-27-2012
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…
What We’re Reading 8-20-2012
Privacy Settlement is the Largest FTC Penalty Ever for Violation of a Commission Order
Google Inc. has agreed to pay a record $22.5 million civil penalty to settle Federal Trade Commission charges that it…
What We’re Reading 8-15-2012
The Federal Trade Commission is publishing a Federal Register Notice seeking public comments on additional proposed modifications to the Children’s Online Privacy Protection Rule.
Bloomberg: Google Should Pay $750 a Book, Authors Say in E-Book Suit
Authors suing Google Inc.…
What We’re Reading 8-01-2012
Media Decoder: Even on Social Media, Marketers Must Provide Disclosure, Says Ad Group
Advertisers who make claims about their products on social media sites like Twitter, Facebook and Pinterest need to be mindful of the fine print they use, or forget to use, in their postings.
ABC News: Ohio Higher Ed Panel: Ban All…
What We’re Reading 7-10-2012
Excite News: China court: Apple pays $60M to settle iPad case
Apple has paid $60 million to settle a dispute in China over ownership of the iPad name, a court announced Monday, removing a potential obstacle to sales of the popular tablet computer in the key Chinese market.
What We’re Reading 7-3-2012
FTC.gov: FTC Proposes Changes Making it Easier to Comply With Alternative Fuels Rule
As part of the Federal Trade Commission’s systematic review of all current FTC rules and guides, the FTC is proposing to consolidate the labels required on alternative fuel vehicles (AFVs) with those required by the U.S. Environmental Protection Agency (EPA), eliminating the…