May 31, 2020 Some Thoughts About Combating Racist Content in Advertising By Jeff Greenbaum In this blog, we frequently report on advertisements where brands have gotten called out for being racist and sexist and for being...
May 31, 2020 Chalk this One Up to the Utilitarian Nature of a Toy Chalk Holder By Brian Murphy Plaintiff Lanard makes a chalk holder designed to look like a pencil. The court's opinion is silent on the burning question of why anyone...
May 30, 2020 Fresh, Fresh, Very Fresh By Terri Seligman No sooner did I publish my last blog post about consumer relevance, then I saw a new Decision from NAD addressing many of the same types...
May 30, 2020 Nothing "Fishy" About Use of Children's Song "Fish Sticks n' Tater Tots" in Documentary about Burlesque Dancers, Court Rules By Brian Murphy Fish Sticks n' Tater Tots. A typical lunch during Lent in a Catholic grammar school. Also the title of a children's song written by the...
May 28, 2020 New York Sues Distributor for "Appalling" Price Gouging By Jeff Greenbaum New York Attorney General Letitia James sued Quality King Distributors, alleging that the company engaged in price gouging during the...
May 27, 2020 Lessons in Media Buying for a Post-Covid World By Rayna Lopyan Like everyone these days, advertisers and their agencies are feeling the effects of the current pandemic, and the impact on their...
May 27, 2020 Not-On-The-Subway Series: Consumer Relevance – Fact or Fiction? By Terri Seligman The heart wants what the heart wants. And consumers want what consumers want. Sometimes, though, what consumers want is based on...
May 27, 2020 The Inverse Ratio Rule May Be on Its "Last Legs" in the Sixth Circuit By Brian Murphy In March (see this post), the Ninth Circuit (sitting en banc) held that the Inverse Ratio Rule should no longer be employed in copyright...
May 26, 2020 Keeping up with the Kardashians in “Kuarantine” By Rayna Lopyan Three years ago, I wrote a blog post on lessons to be learned from two troubled social media promotions, one of which related to the...
May 26, 2020 NYC Issues Warning Over COVID-19 Scams By Jeff Greenbaum The New York City Department of Consumer and Worker Protection issued an alert to warn consumers about scams related to COVID-19. In a...
May 22, 2020 FTC Sends Fifth Round of Warning Letters over COVID-19 Claims By Jeff Greenbaum The Federal Trade Commission announced that it sent another fifty warning letters telling marketers to stop making claims that their...
May 22, 2020 B2B Marketing Triggers FTC Complaint By Terri Seligman The FTC's recent announcement about its complaint against a B2B marketer shows the importance of adhering to the basic principles of...
May 22, 2020 Including Music in Facebook or Instagram Live? By Hannah Taylor Facebook and Instagram Live have seen a recent surge in usage, as DJs, musicians, celebrities, influencers and communities seek to...
May 21, 2020 Planning to Show a Pool Party in Your Alcohol Advertising? By Jeff Greenbaum SLRRRP makes alcohol-infused gelatin shots. You can buy them in packages of twenty, which include a mixture of shot flavors, including...
May 20, 2020 Facebook Shops are Here! By Hannah Taylor Facebook announced today the launch of Shops, new functionality that allows businesses to set up an online storefront accessible via...
May 20, 2020 DISCUS Tells Aviation Gin to Pull Video Showing Excessive and Irresponsible Drinking By Jeff Greenbaum The Distilled Spirits Council of the United States recently told Aviation Gin to pull one of its promotional videos because the video...