Tag Archives: advertising

Copyright Office Denies Protection for “Unique” Product Packaging

Our colleague and fellow advertising lawyer, Dave Kluft, wrote a great piece on the challenges of obtaining copyright protection for product labels consisting of a unique collection of elements (e.g., text, color, framing, or ordinary shapes) but not otherwise incorporating content sufficiently original to merit copyright protection in its own right.  Originally published on our Trademark and Copyright Law Blog, we are republishing it here given its relevance to advertisers. … More

British Regulator Seeks to Stamp Out Harmful and Offensive Gender Stereotypes in Advertising

The wedding of Prince Harry and Ms. Meghan Markle is officially in the books.  Like many of you, I learned some interesting things about the royal couple in the media hysteria leading up to the wedding. For example, when she was eleven years old, Ms. Markle (now the Duchess of Sussex) took on a major national advertiser for its use of gender stereotyping in a commercial for dishwashing liquid and prevailed.… More

Retro-Grade: Old-School Chewing Gum Ad Raises Modern Claim Substantiation Issues

Welcome to another installment of Retro-Grade, where we take a trip down memory lane, looking at classic ads from days of yore and examining issues that might arise if those ads were run today.  As the name of the series implies, we give each ad a grade.  We are not at liberty to disclose the details of our proprietary grading scheme, but, suffice it to say, it is neither rigorous nor scientific.… More

Class Action Plaintiffs Target Snack Foods in Latest Round of “Slack-Fill” Suits

Have you ever purchased a bag of snacks only to open it up and feel cheated by the air-to-snack ratio?  Does empty space in a bag of chips leave a bitter taste in your mouth?  Does your snack-time routine involve the use of a ruler?  If you’re like most people, the answer to all three of these questions is probably “no.”

(Source: Complaint in Morrison v.… More

Marijuana Ad Rules Set In Massachusetts, But Federal Prohibition Creates Uncertainty

We posted in January about proposed regulations for advertising adult-use marijuana in Massachusetts once retail sales begin on July 1, 2018.  After a series of public meetings and more than 500 public comments, the Cannabis Control Commission (“Commission”) revised the draft and unanimously approved final regulations in early March.  This means that the rules of the road for advertising by “Marijuana Retailers” in Massachusetts are now set,… More

Retro-Grade: Vintage Taste Test Claim Offers Lessons for Today’s Advertisers

Welcome to Retro-Grade, another new series from Foley Hoag’s Advertising and Marketing Law blog.  Here we take a trip down memory lane, looking at classic American ads from days gone by and examining issues that might arise if those ads were run today.  As the name of the series implies, we give each ad a grade.  We are not at liberty to disclose the details of our proprietary grading scheme,… More

Bitcoin Takes A Hit As Cryptocurrency Advertising Faces Increased Scrutiny

Crypto is a Greek prefix meaning “secret” or “hidden.”  Unless you live under a rock, or in one of several countries like Bolivia where buying and selling it is illegal, there is nothing secret or hidden about cryptocurrency.  It’s everywhere.  And public interest in cryptocurrency has led to lots of advertising, mostly on social media and the internet.

Spurred on by an incredible—some might say too-good-to-be-true—increase in value in late 2017,… More

Watch: Social Media for the Generalist In-House Counsel

Joshua Jarvis and David Kluft recently presented a webinar offering guidance on social media issue spotting for in-house legal practitioners and executives, with a focus on intellectual property, publicity rights and advertising.

Social media platforms present countless and varied opportunities for companies looking to connect to consumers and clients in real time. But, like so much else in our connected age, these opportunities come with a host of risks ranging from minor public relations blips to unpleasant regulatory run-ins with government agencies,… More

Advertising Through Social Media: Ten Tips For FTC & NAD Compliance

social-media

This post first appeared in Law360 as “10 Considerations When Advertising On Social Media,” published on September 21, 2016.

Most modern advertising campaigns include social media components. In fact, it is not uncommon today to see products advertised exclusively on social media. For the most part, the same rules that govern traditional advertising also govern commercial speech on social media.… More