6th Edition: Trends in Marketing Communications Law Among the many high-profile entertainment industry headlines in 2018, one case in particular stands out for its impact on the rising trend of “true crime” entertainment. Olivia de Havilland, a leading lady during Hollywood’s “Golden Age,” sued Continue Reading
Supreme Court Settles Circuit Split on When a Plaintiff May Sue
6th Edition: Trends in Marketing Communications Law The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Continue Reading
After 20 Years, COPPA Shows No Signs of Slowing Down
6th Edition: Trends in Marketing Communications Law Last year marked 20 years since Congress passed the Children’s Online Privacy Protection Act (COPPA). Fittingly, the Federal Trade Commission (FTC) kicked off 2018 by settling two back-to-back cases with companies alleged to have violated COPPA. Continue Reading
The TTB Ramps Up Enforcement Over Trade Practices
6th Edition: Trends in Marketing Communications Law Over the past year, the United States Alcohol and Tobacco Tax and Trade Bureau (TTB) has substantially increased enforcement in the alcohol industry, indicating that increased regulatory scrutiny may be here to stay for alcohol manufacturers, Continue Reading
Lawsuits by the Disabled Against Websites Spike
6th Edition: Trends in Marketing Communications Law 2018 saw a nearly 200% increase in the number of lawsuits targeting websites and mobile apps for their alleged failure to comply with Title III of the Americans with Disabilities Act (ADA), which prohibits “places of public accommodation” from Continue Reading
As Augmented Reality Engagement Increases, Novel Legal Issues Arise
5th Edition: Trends in Marketing Communications Law While both technologies still show great potential, the pace of evolution and rate of adoption of virtual reality (VR) and augmented reality (AR) began to diverge in 2017. VR continued to experience some initial legal growing pains last year, Continue Reading
What’s In a Name?
5th Edition: Trends in Marketing Communications Law Selecting the title of a film, book or other creative content can be a daunting task. The creator must convey a message about the content and draw interest from the viewer. Also to be considered is that the title can become intertwined with the Continue Reading
German Challenge Further Thaws Olympics “Rule 40” Advertising Restrictions
5th Edition: Trends in Marketing Communications Law The International Olympic Committee’s (IOC’s) "Rule 40" has long restricted athletes from appearing in advertising for companies that are not official sponsors of the Olympics. The restricted blackout period extends from nine days prior to the Continue Reading
Are (More) Good Things on the Horizon for SAG-AFTRA Agencies and Advertisers?
5th Edition: Trends in Marketing Communications Law Heading into the last round of collective bargaining that resulted in the 2016 SAG-AFTRA Commercials Contract (Commercials Contract), signatory advertising agencies and advertisers voiced concerns about the challenges they faced when competing Continue Reading
A Watershed Year For Recreational Marijuana Industry’s Growth
5th Edition: Trends in Marketing Communications Law In November 2016, four more states – Nevada, California, Maine and Massachusetts – legalized recreational marijuana use, sparking the roll-out of state and local regulations as new recreational markets opened in 2017, marking a turning point for Continue Reading