Category Archives: Advertising

.bank is here!

On September 25, 2014, the Internet Corporation for the Assigned Names and Numbers (ICANN) granted the application of fTLD Registry Services (FRS) to operate a new Top Level Domain (TLD) exclusively for the banking industry: .bank. When general registration for the new TLD opens next year, banks and other members of the banking community will […]

FTC Seeks Your Comments on Proposed Verifiable Parental Consent under COPPA

On November 19, 2014, the Federal Trade Commission announced that it is seeking public comment on a second proposed verifiable parental consent method by AgeCheq, an online privacy protection service. The Children’s Online Privacy Protection Act (COPPA) requires children and family-friendly website operators and app developers to (1) post privacy policies and (2) notify and obtain verifiable consent from […]

Naturally, litigation results from unsupported advertising claims and undefined terms.

The WSJ Corporate Intelligence blog has an interesting article today that highlights the risks inherent in un-vetted advertising claims.  Apparently Proctor & Gamble took issue with “99% Natural” claim that toothpaste maker Hello Products, LLC was making with respect to its toothpastes which come in unusual flavors (for toothpaste) like pink grapefruit mint and mojito […]

Using the term Natural in food advertising? Products claiming to be ‘au natural’ may need to meet a higher standard

“My food is more natural than your food” lawsuits have been bountiful in the last few years. Following this trend is a “food advertising modernization” bill, HR 3147, introduced by U.S. Representatives Pallone and DeLauro, that would require advertisers who claim their products are ‘All Natural’ to prove that the food does not contain synthesized artificial ingredients that […]

Appropriation of famous logo is trademark infringement? You be the judge.

Banksy on branding. The elusive street artist is seemingly frustrated with his own commercial success. To him great street artists need to remain criminal to keep their art pure. Most appropriation art could violate commercial law but is not criminal, unless it involves a violation of Copyright law’s DMCA. The image above is not a copyright infringement, but is potentially trademark infringement and dilution of […]

Buying a Tweet ad? Avoid FTC scrutiny by following these 3 weird little #Ad rules

You may have heard this before, social media is not exempt from the ad rules regarding testimonials and endorsements. The FTC announced (again) that marketers placing short form ads in social media must comply with three basic truth-in-advertising principles: Endorsements must be truthful and not misleading; If the advertiser doesn’t have proof that the endorser’s […]

Can a celebrity’s post mortem right of publicity enter the public domain?

Banking on a dead celebrity’s right of publicity being public domain is an extremely dangerous advertising practice. Rights of publicity are a suite of legal rights that have developed from invasion of privacy and trademark law since the early 20th Century. There is a web of state and federal laws that can protect dead celebrities– even celebrities from […]

@FTC: Google pays $22M for (unintentional) misrepresentation of privacy practices – no intent required

The FTC hosted a super fascinating Twitter “conversation” following its announcement of the $22 million settlement with Google over its privacy violation in overriding the Safari browser’s privacy settings without notifying users. FTC Department of Enforcement staffers  exchanged tweets with a few privacy-focused Twitter users. Many tweets focused on whether Google intentionally deceived users as to its […]

WWW.[YOUR NAME HERE]

On the heels of the new .XXX top level domain (TDL) that recently began providing internet addresses for adult oriented websites (for a fee), ICANN (the non-profit organization that controls the Internet addressing scheme) released a list of additional applicants for other new top level domains. ICANN voted to begin allowing customized TLD’s in June […]

Social Media Users have the Power to Control their Online Privacy

The Wall Street Journal has an article about Apps this morning.  The paper has done a great job of revealing the so-called seamy underbelly of the online advertising world. Today the theme is that Facebook apps exploit users (and make Facebook million$) by collecting bits and pieces of personal data, details that alone do not […]