Tag Archives: Celebrity Endorsement

The Risks of ‘Native Advertising’

Kim Kardashian is notorious for setting Twitter trends with her fashion-forward tweets. But would a consumer buy the same product knowing she was paid up to $20,000 for tweeting it? The term "native advertising" refers to when an advertiser masks ads as editorial content in an effort to market more seamlessly to consumers. The intent behind this practice is to make advertisements less intrusive and to associate a brand with an experience.… Continue Reading

A Tweet Silences the Aflac Duck – A Case Study in Celebrity Agreements

Gilbert Gottfried is looking for gainful employment, and Aflac is looking for a new voice-over man. Gottfried was terminated Monday as the voice behind Aflac’s iconic duck when he tweeted jokes and one-liners over the weekend about the recent crisis in Japan that Aflac determined to be tasteless, inappropriate and insensitive. “Gilbert’s recent comments about the crisis … Continue Reading

Hollywood – Wake Up!

If you’ve entered into a celebrity endorsement agreement lately, you’re not alone in being amazed that, while we’re all feeling the brunt of a recession (even though prognosticators tell us it’s over), celebrities (or more often their agents), seem to be getting greedier than ever. It’s bad enough that the typical annual fee for a … Continue Reading

Chilly Reception at the White House

On January 6, 2010, The Weatherproof Garment Company (a division of David Peyser Sportwear) put up a billboard (actually two, a diptych) in New York’s Times Square. The advertiser used an Associated Press (AP) licensed photo of President Barack Obama during his visit to China’s Great Wall back in autumn wearing a Weatherproof jacket. Legal … Continue Reading

Advertising Fake Drugs May Result in Criminal Liabilities in China

This post was written by Michael Dardzinski. The Supreme People’s Court and Supreme People’s Procuratorate on May 27, 2009 jointly issued “Interpretations on Several Issues Regarding the Application of Law on Criminal Cases Concerning the Production and/or Sale of Fake and Substandard Drugs” (“Interpretations”) to address the serious crimes of manufacturing and selling counterfeit and/or … Continue Reading

Allocation Dispute Procedures

We have received some questions on how existing allocation disputes in multi-service celebrity endorsement deals should be resolved in light of the procedures adopted in the new Collective Bargaining Agreement (“CBA”). As you are fully aware, the determination of appropriate allocations of compensation between covered and non-covered services in multi-service contracts and the process to … Continue Reading

Celebrity Endorsements – The Devil Really is in the Detail

Recent headlines about celebrities raise important issues that advertisers and advertising agencies need to think about in negotiating endorsement deals - an early exit strategy, a meaningful morals clause, and a well-defined exclusivity provision. These issues are often thought of as mere boilerplate that are easily deleted or compromised. And while such clauses are rarely used to terminate an agreement, when an advertiser is faced with the situation, the financial cost and impact on brand reputation highlights why such clauses, despite an agent's protestations, should not be taken lightly in negotiations.… Continue Reading

Actress Charlize Theron Settles With Watchmaker

Actress Charlize Theron has settled a lawsuit brought against her by watchmaker Raymond Weil (RW) for breaching a contract to exclusively promote its watches. The terms of the settlement were undisclosed, but it came just more than a month after a federal judge in New York concluded that Theron had breached her agreement, and that … Continue Reading
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