5th Edition: Trends in Marketing Communications Law No story rocked the entertainment industry in 2017 more than the stunning allegations of sexual assault against previously-powerful men. While the long-term ramifications of the #MeToo and #TimesUp movements are still playing out in Hollywood Continue Reading
Photo Retouching: Changing Expectations for Fashion and Beauty Advertising
5th Edition: Trends in Marketing Communications Law From smoothing skin to whittling waists, the practice of retouching beauty and fashion photographs has come under increased scrutiny, and 2017 was no exception. With female equality and empowerment at the forefront of the national conversation, Continue Reading
Inline Links to Unlicensed Third-Party Content Now May Be Copyright Infringement
5th Edition: Trends in Marketing Communications Law For years, copyright attorneys throughout the country have relied on a decision from a Federal appellate court in the 9th Circuit (California and surrounding states) to advise clients that they may safely place on their websites unlicensed Continue Reading
Developments in Connected Technology Create New COPPA Challenges
5th Edition: Trends in Marketing Communications Law After a resoundingly quiet 2017, the Federal Trade Commission (FTC) started 2018 with a bang, announcing two back-to-back settlements with companies alleged to have violated the Children’s Online Privacy Protection Act (COPPA). The FTC’s Continue Reading
Blockchain Technology Poised to Disrupt Digital Advertising
5th Edition: Trends in Marketing Communications Law Blockchain technology, the basis of cryptocurrencies such as Bitcoin, took off in 2017 across a wide array of industries, and is poised to make significant strides in digital advertising in 2018. The inherent benefits of blockchain — security, Continue Reading
“Nominative Fair Use” Defense May Enable Use of Another’s Trademark
4th Edition: Trends in Marketing Communications Law Certain third-party trademark uses can be deemed a "nominative fair use" that does not infringe another's trademark rights even in the absence of permission to use the other's mark. For example, "Our show will feature the GRAMMY AWARD® winning Continue Reading
The Playing Field Remains Unsettled for Daily Fantasy Sports
4th Edition: Trends in Marketing Communications Law After playing defense for most of 2016, the leaders of the daily fantasy sports (DFS) industry made an announcement they hope will allow them to move ahead on offense in 2017. However, mounting legal and regulatory costs might doom them before Continue Reading
Retail Practices Are In Vogue For Regulators, and Class Action Lawyers
4th Edition: Trends in Marketing Communications Law The Federal Trade Commission (FTC), state regulators, and plaintiffs' lawyers are focusing on retail and direct-to-consumer practices ranging from membership and subscription plans to discount pricing and other retail practices. For example, Continue Reading
Data Privacy and Security Laws Get Stronger, and Face New Challenges
4th Edition: Trends in Marketing Communications Law As data becomes more and more commoditized, domestic and international laws and regulatory actions continue to focus on privacy rights and data security. The Federal Trade Commission (FTC) has issued several reports, tools, and guidance in Continue Reading
Patent Troll Cases Unlikely To Drop Significantly
4th Edition: Trends in Marketing Communications Law The statistics are striking. "Patent trolls" (companies that do not create products or services based on their patents, but instead use patents to extort license fees) are continuing to file large numbers of patent infringement lawsuits, now Continue Reading