Advertising, Marketing & Promotions Alert >> FTC Issues Updated FAQs on Amended COPPA Rule - Alert - 05/07/2013
By: Allison Fitzpatrick and Alison Winter
The Federal Trade Commission (FTC) recently issued updates to its frequently asked questions (FAQs) relating to the FTC’s amendments to the Children’s Online Privacy Protection Act (COPPA), which will take effect on July 1, 2013. Click here for a previously authored D&G Alert on this topic. In response to a request by industry organizations to reconsider the July 1st deadline, the FTC recently decided by unanimous vote to retain the implementation date for the COPPA amendments.
NPR, All Things Considered // A Real-World Connection Between Video Games and Guns - Press Mention - 04/30/2013
Advertising, Marketing & Promotions Alert >> Revised Florida Law Limits Promotions and Sweepstakes - Alert - 04/25/2013
By Joseph J. Lewczak; Allison Fitzpatrick
Florida’s recently revised Game Promotion Law limits the ability of for-profit businesses to conduct sweepstakes for advertising and marketing purposes and prohibits non-profits and charitable organizations from operating any sweepstakes.
Smallbiztrends.com // FTC Finds New Targets For Fair Credit Actions - Press Mention - 04/23/2013
For Second Consecutive Year, Davis & Gilbert Featured in The National Law Journal’s Midsize Hot List - Press Release - 04/15/2013
Advertising, Marketing & Promotions Alert >> SEC Confirms Companies May Use Social Media to Announce Material Information - Alert - 04/11/2013
By: Ralph W. Norton; Gary A. Kibel; Allison Fitzpatrick; Joseph A. Sena; Jr.
The Securities and Exchange Commission (SEC) clarifies in a recent report that companies may use social media outlets such as Facebook and Twitter to announce material information in compliance with Regulation FD (Fair Disclosure), so long as investors have been alerted as to which social media channel will be used to disseminate this information.
The National Law Journal: 2013 Midsize Hot List - Published Article - 04/08/2013
Davis & Gilbert’s business strategy is laser-focused on one industry—advertising. Neither a litigation shop, a mergers and acquisitions specialist nor a regulatory firm, the New York shop provides a full menu of legal services demanded by ad agencies, buyers and media outlets. Matters range broadly from false advertising to copyright infringement to lease negotiations for office space.
Advertising, Marketing & Promotions Alert >> Business Books and Brand Building Rights and Permissions - Alert - 04/08/2013
By Mary M. Luria
More companies are recognizing the value of creating and publishing, both to the trade book public and to a more limited group of business contacts and prospects, what we view as "books," be they print or electronic.
PRNews.com // SEC Says Social Media Can Be Used for Disclosing Corporate Information - Press Mention - 04/04/2013
Law360.com // FTC Finds New Targets For Fair Credit Actions - Press Mention - 04/04/2013
PR Week: Celebrity Behavior Can Be Difficult to Endorse - Published Article - 04/03/2013
By Michael C. Lasky
Marketers and their PR firms typically make sure to include morals and non-disparagement clauses in their celebrity endorsement contracts. Social media has led to an increasing variety of ways celebrity endorsers can commit public acts that may reflect badly on or embarrass a brand. Some recent situations strongly suggest that marketers and their agencies would be wise to review and revise the termination.
Council of Public Relations Firms: Advertising, Consumers, and the New FTC Disclosure Guidelines - Published Article - 04/01/2013
By Gary A. Kibel
Is your firm up on the latest FTC guidelines governing online advertising and the proper consumer disclosures required by law? It better be.
Advertising, Marketing & Promotions Alert >> Supreme Court’s Copyright Decision Gives a Boost to Gray Market Retailers - Alert - 04/01/2013
By Brooke Erdos Singer; Joy J. Wildes; Kevin Blum
The United States Supreme Court has ruled in Kirtsaeng v. John Wiley & Sons, Inc. that the federal copyright law’s "first sale" doctrine – which allows a lawful owner of a copy of a protected work to sell, rent, or give away that copy – trumps the provision in the copyright law that limits the importation of copyrighted works into the United States. The court’s decision permits gray market goods to be brought into, and sold in, the United States without violating copyright law.
Advertising, Marketing & Promotions Alert >> FTC Updates Online Advertising Disclosure Guidelines - Alert - 03/28/2013
By Ronald R. Urbach; Allison Fitzpatrick
The Federal Trade Commission (FTC) updated its online advertising disclosure guidelines to advise advertisers on how to make clear and conspicuous disclosures on mobile and social media platforms.
Advertising, Marketing & Promotions Alert >> Trademark Clearinghouse to Begin Accepting Submissions to Protect Domain Names - Alert - 03/25/2013
By Jeffrey C. Katz; Gary A. Kibel
A newly created Trademark Clearinghouse, set up as a global repository for trademark data in connection with Internet domain names, will begin accepting submissions on March 26, 2013, to support both the registration of domain names in new generic top-level domains (gTLDs), as well as dispute resolution. Owners or licensees of valuable brands – especially those that could be used by another entity – may want to consider registering their trademarks with the Clearinghouse.
Antitrust // So You Want to Self-Regulate? The National Advertising Division As Standard Bearer - Press Mention - 03/21/2013
Digiday.com // Brands' Biggest Legal Problems in Digital - Press Mention - 03/08/2013
Advertising, Marketing & Promotions Alert >> After Recent Celebrity Endorser Social Media Flubs, Contract Changes May Be Advisable - Alert - 03/06/2013
By Howard R. Weingrad; Anne DiGiovanni
Advertisers typically make sure to include protective provisions, such as morals and non-disparagement clauses, in their celebrity endorsement contracts. However, the growth of social media has led to an increasing variety of ways that endorsers can commit public acts that may reflect badly on or embarrass an advertiser, suggesting that it may be time to review and tighten up celebrity contract termination language.
Is 'Native Advertising' Here to Stay? - Published Article - 03/05/2013
By Vejay G. Lalla
What is native advertising? Is it effective? Recently, at the Social Media Insider Summit, the panelists on the “native” panel tried to break it all down.
Before the panel dove in, the editor of MediaPost and moderator Joe Mandese (@jmandese) shared with the audience the genesis of the term “native advertising.” It appears that the term“native monetization” was first coined by Fred Wilson during a keynote speech during an OMMA conference. “Native monetization” has now become “native advertising.”
Bloomberg BNA's Privacy & Data Security Law Resource Center // Rockefeller Reintroduces Legislation to Set Mandatory Do-Not-Track Rules - Press Mention - 03/05/2013
Gary A. Kibel was quoted in Bloomberg BNA's Privacy & Data Security Law Resource Center, "Rockefeller Reintroduces Legislation to Set Mandatory Do-Not-Track Rules."