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June 6th, 2022
Drag Queens Traverse Trademark Law: ‘I Don’t Think We’re Safe’
Advertising and Intellectual Property Partner Brian G. Murphy is quoted in the article, “Drag Queens Traverse Trademark Law: ‘I Don’t Think We’re Safe’” published by Bloomberg Law. The article discusses that while drag has gone mainstream, intellectual property laws have not kept up with the shifting landscape leaving some performers in copyright disputes over performances and stage names. For example, with their growing popularity drag queens must take music copyrights into consideration. Brian is quoted saying, “Anytime you play a song—and to anyone other than, like, your friends in your own living room—that requires a license.” He explains, “When performing in a club, most drag queens are covered by the establishment’s music licenses. If they incorporate the music into an act in a different setting, however, they might need additional rights.”
Lastly, Brian says there are many rights holders to specific songs which make obtaining music licenses more complex. “When it comes to music, you know, there’s multiple rights holders,” and “There’s the songwriters, and these days just about any song is written by not one person but multiple people. And each of those is a different rights holder.”
Read the full article here.
Other Quoted
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
Companies Sought Help From Privacy Vendors. They Still Got Fined
Daniel M. Goldberg is quoted in Bloomberg Law on problems faced by companies who have relied on compliance vendors to help them navigate new privacy laws. The article stated that vendors operating with little oversight, outdated tech have “left businesses with consumer-facing websites open to fines and other enforcement actions.”
Bloomberg Law noted, “For example, giving consumers the option to disable cookies may not turn off all of a company’s tracking technology. So consumer data could still be automatically sent to a third party for advertising.
“Vendors cannot just repurpose tools meant to comply with EU’s data protection law for California’s rules, said Daniel M. Goldberg, chair of the data strategy, privacy & security group at Frankfurt Kurnit Klein & Selz PC.
"‘Many solutions are solutions that are built for one purpose,’ Goldberg said, adding that some vendors’ ‘default configurations often aren’t drafted in a way that is sufficient to address US privacy law.’” View Article.
July 14 2025
