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News & Press
Advertising to Children?
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…
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October 15 2004
News & Press
Heightened Enforcement - and What to Do About It
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…
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September 25 2004
News & Press
Getting Only Limited Rights?
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…
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September 15 2004
News & Press
Negotiating a Director Contract?
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…
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August 15 2004
News & Press
Court Recognizes Patent Protection For Online Pre-Roll Ad Videos
The Global Advertising Lawyers Alliance featured Claudine Wilson's article “Court Recognizes Patent Protection For Online Pre-Roll Ad Videos”.
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July 31 2004
News & Press
Thinking About Fried Chicken?
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…
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July 15 2004
News & Press
Thinking About Using “Mouse Type”?
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.
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June 20 2004
News & Press
Reducing Risks Posed by Financially Distressed Clients
If you're like most agency executives, you've probably had the disappointing experience of working with a client in financial difficulty. Today, it is possible for any client - even well-established companies - to experience financial difficulties. Unfortunately, many agencies ignore the risks posed by their clients' finances.
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May 15 2004
News & Press
Suing Disloyal Employees & Agents: Court gives employers a powerful new weapon
There's good news for companies and individuals seeking to win compensation from unfaithful employees: New York's highest federal court has ruled that disloyal employees must forfeit all compensation received after their first disloyal act.
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April 28 2004
News & Press
Planning to Advertise You’re “Better”?
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…
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April 15 2004
News & Press
Thinking of Doing a Parody?
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.
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April 15 2004
News & Press
Planning to Use Some Four-Letter Words?
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.
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March 8 2004
News & Press
Using Someone in Advertising…Without Consent?
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…
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February 15 2004
News & Press
Looking for Some New Year’s Resolutions?
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.
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January 15 2004
News & Press
Watch Out For That…
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…
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December 12 2003
News & Press
Lisa Davis featured in Black Enterprise Magazine 2003
Black Enterprise Magazine named Lisa E. Davis as one of “America's Top Black Lawyers” in 2003.
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November 11 2003
News & Press
Is Dancing on A Toilet Prohibited Now?
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.
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November 1 2003
News & Press
Can borrowing ten words be copyright infringement?
A federal appeals court recently ordered Audi of America and advertising agency McKinney & Silver to pay almost a million dollars in damages for using about ten words in one television commercial. Author(s): Jeffrey Greenbaum.
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October 20 2003
News & Press
Be Wary of Freelance ‘Solution’
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…
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October 3 2003
News & Press
Do You Have to Tell Consumers That It’s “Advertainment”?
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…
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September 15 2003
News & Press
“Securitization May Work Beyond Music Royalty Income Stream”
Entertainment Law & Finance, Vol. 19, No. 5 published Sean F. Kane's article “Securitization May Work Beyond Music Royalty Income Stream”.
August 31 2003
News & Press
Specific Corporate Compliance Challenges by Practice Area: Advertising
Every company markets its products and services, and substantial portions of company budgets are spent on advertising. Chances are, your company’s advertising programs look nothing like they did even five years ago. The advertising landscape continues to change dramatically, at a rapid pace. It is a challenge to be competitive…
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August 20 2003
News & Press
Has it been three years already? Should you start preparing fo an actors’ strike?
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…
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August 20 2003
News & Press
Statements Made in Dispute over Authenticity of Art Not Covered by the Lanham Act
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.
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August 6 2003
News & Press
“Protecting Against Defamation Claims From Docudrama Productions”
Entertainment Law & Finance, Vol. 19, No. 3 published Sean F. Kane's article “Protecting Against Defamation Claims From Docudrama Productions”.
June 30 2003