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News & Press
Legal Consideratons for Branded Entertainment
As advertising agencies and production companies continue to get into the business of producing branded entertainment and other content that doesn't fall within the traditional definition of “advertising,” they are faced with the challenge of adapting their businesses to meet the demands of these new projects. It should come as…
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March 23 2007
News & Press
Government Certification = Business
The federal government and many city and state governments have programs designed to increase the flow of contracts to minority-owned and women-owned businesses. A recent example of a firm winning status as a women-owned business is Public Communications Inc. of Chicago. It won the designation of “Women's Business Enterprise” from…
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January 29 2007
News & Press
Creating Some Buzz, Commercial Alert’s Complaint, FTC’s Guidance
Advertisers are increasingly turning to “buzz marketing” to communicate with today's consumers. These consumers are watching (and posting) videos on YouTube. They belong to social networking sites such as mySpace. They have avatars on Second Life. They have their own blogs. And, the theory goes, they are less susceptible to…
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January 26 2007
News & Press
Setup and Tax Advice for New Firms
PR professionals who strike out on their own face legal and accounting issues but they are by no means daunting.A sole proprietor will have far fewer issues than a group of PR people starting a business. Sole proprietor may make sense if the business is small and the owner has…
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December 20 2006
News & Press
Litigations that Changed the Games Industry
Gamasutra published S. Gregory Boyd's article “Litigations that Changed the Games Industry”.
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December 18 2006
News & Press
“Internet Gambling Banned, New Legislation Forces Online Gaming Sites to Decide ....”
Internet Law & Strategy published Sean Kane's article “Internet Gambling Banned, New Legislation Forces Online Gaming Sites to Decide When to Hold Them and When to Fold Them” was published in its November 2006 issue, Vol. 4, No. 11.
November 30 2006
News & Press
Consider “Phantom Stock”
Smaller PR firms usually don't offer stock to employees because this raises complicated tax issues and minority ownership protection issues. It can also be costly to set up such a program. Also, PR firms may have to repurchase their own equity at a later date and take a financial hit.…
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November 8 2006
News & Press
Industry Dealflow
The Hollywood Reporter listed Amy Nickin as counsel to John Goodman in the column “Industry Dealflow”.
October 24 2006
News & Press
“New Kinds of e-Commerce”
E-Commerce Law & Strategy, Vol. 23, No. 4. published Sean F. Kane's article “New Kinds of e-Commerce”.
August 31 2006
News & Press
Made in the USA
Reacting to consumers' concerns about issues such as unemployment, the trade deficit, and world events, advertisers often want to market their products as have been “Made in the USA.” If you’re planning to make patriotic claims for one of your clients, it’s important that you understand Federal Trade Commission rules…
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August 17 2006
News & Press
“Asset Creation, Seclusion And Money Laundering In The Virtual World”
Internet Law & Strategy published Sean F. Kane's article “Asset Creation, Seclusion And Money Laundering In The Virtual World”.
July 31 2006
News & Press
“Protecting Your Client’s Motion Picture Investment”
The New Jersey State Bar Association published Sean F. Kane's article “Protecting Your Client’s Motion Picture Investment” in the “Business Law” section of its Vol. 30, No. 1 publication.
July 31 2006
News & Press
Software and Software Tools
Technology has brought about many changes to the advertising industry. However, the provisions of the typical advertising service agreement have not evolved to accommodate these changes. In particular, the ownership, intellectual property and indemnification provisions of many agreements between agencies and advertisers have not been adapted to accommodate the change…
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July 24 2006
News & Press
What’s in a Name?
The Deli Magazine published Christopher Chase's article “What's in a name?”.
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July 14 2006
News & Press
Makers of “Grand Theft Auto” Settle FTC Charges
The makers of the “Grand Theft Auto: San Andreas” video game, Take-Two Interactive Software, Inc. and Rockstar Games, Inc., recently settled Federal Trade Commission charges that they deceptively marketed the game by failing to disclose to consumers that it contained hidden content. FTC File No. 052 3158 (June 8, 2006).
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June 16 2006
News & Press
Who Owns Online Content and Who Should Own It - A Lawyer’s Thoughts on Five Online Content Scenarios
The combination of ubiquitous online social networking and Web 2.0 is fueling the latest online intellectual property confrontation between content companies and internet users. In an interesting twist, though, this time the content is being created by the internet users themselves.
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June 7 2006
News & Press
Food for Thought
The National Advertising Division recently told Dr. Pepper Seven Up, Inc. that advertising for its 7UP PLUS soda, which is made with real fruit juice, was misleading because of the real fruit that was shown.
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April 17 2006
News & Press
“Can The Grokster Settlement Close Pandora’s Box?”
Internet Law & Strategy, Vol. 3, No. 12 published Sean F. Kane's article “Can The Grokster Settlement Close Pandora’s Box?”
December 31 2005
News & Press
“Can The Grokster Settlement Close The File-Sharing Pandora’s Box?”
e-Commerce Law & Strategy, Vol. 22, No. 8 published Sean F. Kane's article “Can The Grokster Settlement Close The File-Sharing Pandora’s Box?”
December 31 2005
News & Press
Nintendo Entertainment System – Expired Patents Do Not Mean Expired Protection
Gamasutra published S. Gregory Boyd's article “Nintendo Entertainment System – Expired Patents Do Not Mean Expired Protection”.
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November 11 2005
News & Press
“International Film Production Incentives”
Entertainment Law & Finance, Vol. 21, No. 7 published Sean F. Kane's article “International Film Production Incentives”.
October 31 2005
News & Press
“Inside Grokster”
Sean F. Kane contributed to “Inside Grokster” an Internet Law & Strategy Virtual Roundtable, which was published in August/September 2005 by Internet Law & Strategy, Vol. 3, No. 8A.
September 30 2005
News & Press
“Virtual Worlds And Digital Rights ....”
Internet Law & Strategy, Vol. 3, No. 9 published Sean F. Kane's article “Virtual Worlds And Digital Rights, Can Stealing An Online Gamer’s IP Or Magic Sword Mean Real-World Legal Hot Water?”.
September 30 2005
News & Press
Doing a Remake?
Alka-Seltzer recently launched a remake of its famous “Try it, you'll like it” commercial from the 1970s. The new commercial takes the old favorite about a restaurant patron who was encouraged by the waiter to eat - “try it, you'll like it” - and updates it with “My Life on…
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September 17 2005
News & Press
Inspired By Someone Else’s Work?
When developing advertising concepts, creatives get their inspiration from many sources. But when the inspiration comes from other creative works, such as a preexisting photograph or television show, there’s a risk that you may infringe upon the original creator’s rights. A recent decision by a federal court in New York…
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September 16 2005