Like many Americans, I have had some awkward conversations with my dental hygienist trying to explain why I hadn’t flossed. So when I saw Listerine’s recent advertising campaign promoting mouthwash that is "as effective as floss," I put aside the jaded skepticism of an advertising lawyer and rushed out to buy a bottle of Cool Mint Listerine. Read more.
January 16, 2005
Lauren Bishow wrote the article, “Death and Taxes: The Family Limited Partnership and Its Use in Estate Planning After the Third Circuit’s Ruling in Estate of Thompson v. Commissioner” published by the Villanova Law Review.
January 15, 2005
The marketer of the Arnold Schwarzenegger bobble head doll, Ohio Discount Merchandise, Inc., reportedly just settled a lawsuit brought on behalf of the California Governor, alleging that the doll violated Schwarzenegger’s rights. Read more.
November 16, 2004
The Children’s Advertising Review Unit of the Council of Better Business Bureaus recently announced that Nakajima USA Inc., marketers of the Pirates of the Caribbean Water Slide, said it would modify a television commercial promoting the slide, before airing it again, in order to emphasize that children should use the product under adult supervision. Read more.
October 15, 2004
New developments in indecency law are changing the way media executives and artists do business. Until now, broadcasters and artists could argue that certain questionable content was not indecent in light of the context of the challenged utterances. However, recent changes in the law suggest that context may no longer matter, thereby removing an important defense to a Federal Communications Commission complaint. Read more.
September 25, 2004
More than four years ago, Polar Bear Productions, a Montana-based production company, sued Timex Corporation, alleging that Timex continued to use footage licensed by Polar Bear after the term of the license had expired. Even after two trials, and a decision earlier this month by a federal appeals court in Washington, the lawsuit isn’t over, with the parties still fighting over the calculation of damages and other issues. Read more.
September 15, 2004
As production companies compete for commercial directors, the directors also struggle with the decision of which company is right for them. With advertising agencies and their clients being tougher about bids, and with the realities of under-funded jobs and lower markups, production company profits are shrinking, leaving a lot less money to divide up. Read more.
August 15, 2004
The Federal Trade Commission has repeatedly warned that it intends to aggressively prosecute advertisers who make deceptive health and weight loss claims. As part of these efforts, the FTC recently announced that it entered into a settlement agreement with KFC Corporation, the owner of the KFC restaurant chain, over allegations that KFC made false claims in its television commercials about the nutritional value and health benefits of its fried chicken. Read more.
July 15, 2004
When a script finally gets the green light from the client, that approval often comes with a catch: the lawyers want you to add some disclosures. After cursing out the lawyers, and worrying that the creative will be ruined, people start asking pointed questions. Read more.
June 20, 2004
In a decision that may come as a surprise to many advertisers who rely on "puffery" in order to tout their products as "better," the National Advertising Division of the Council of Better Business Bureaus ("NAD") recently recommended to General Mills that it discontinue making a claim in a free standing insert that its Progresso soups taste "better." Read more.
April 15, 2004
Not only did Ralph Nader foil the Democrats' bid for the White House four years ago, but a federal court in New York recently ruled that Nader and his political committees did not violate MasterCard's rights when they parodied MasterCard’s "priceless" campaign. Read more.
April 15, 2004
The day after Janet Jackson exposed one of her breasts during the Super Bowl halftime show, Michael K. Powell, the Chairman of the Federal Communications Commission, announced that the FCC would begin an immediate investigation into the broadcast. Read more.
March 8, 2004
For years, the media has reported on high profile lawsuits involving allegations that celebrities were used in advertising, or for other commercial purposes, without permission. Even after the Dustin Hoffman, Tiger Woods, and Vanna White cases, to name a few, many advertisers, agencies, and production companies still seem to be confused about the "right of publicity." Read more.
February 15, 2004
After another tough year in the advertising industry, with declining profits and fierce competition, it’s more important than ever to be vigilant about protecting yourself from legal problems. As we begin 2004, you just can’t afford to make needless mistakes that could end up costing big dollars. Read more.
January 15, 2004
There’s that familiar moment, during a shoot, when someone turns to the producer and says, "by the way, did we get permission to use that [insert name of really important prop here]." With short production schedules, tight budgets, and little understanding about what rights manufacturers have, production companies regularly use props without getting permission. Read more.
December 12, 2003
Earlier this year, Coors Brewing Company agreed to stop running a television commercial for Coors Light because the Council of Better Business Bureaus said that the commercial violated Coors' own voluntary advertising standards. Read more.
November 1, 2003
During the 1990's, the New York Dept. of Labor audited many ad agencies and related businesses and forced many of them to re-classify some freelancers as employees. Litigation was used with some firms. The state wants individuals to be covered by unemployment and health insurance so they won't become a burden to the state. Read more.
October 3, 2003
Marketers are increasingly looking to "advertainment" projects in the hope that they will be a more effective way to connect with consumers. These are not run-of-the-mill product placements and ordinary sponsorships, but a hybrid of entertainment and advertising, where the advertiser not only sponsors the project, but has creative control as well. Read more.
September 15, 2003
Entertainment Law & Finance, Vol. 19, No. 5 published Sean F. Kane's article "Securitization May Work Beyond Music Royalty Income Stream".
August 31, 2003
Although it feels like the actors strike just ended, the SAG and AFTRA commercials contracts are expiring again at the end of October. Since we won’t know for several months whether there will be a strike, there are some important things that you can do now to prepare yourself and your clients in the event that union production is interrupted. Read more.
August 20, 2003
In the recent case of Boule v. Hutton, 328 F.3d 84 (2d Cir. 2003), the Second Circuit declined to extend the availability of the Lanham Act to claims for false representation outside the context of mainstream commercial advertising. Read more.
August 6, 2003
Entertainment Law & Finance, Vol. 19, No. 3 published Sean F. Kane's article "Protecting Against Defamation Claims From Docudrama Productions".
June 30, 2003
A jury in Michigan sent shock waves through the advertising industry earlier this month when it awarded more than thirty million dollars to two men who alleged that Taco Bell stole from them the idea of using a Chihuahua in advertising. Read more.
June 15, 2003
Sony suffered embarrassing allegations for the second time about its advertising recently, after the news media uncovered that Sony had used its employees to give an endorsement in a television commercial for one of its own films, "The Patriot." Read more.
September 16, 2001
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