With the continued growth of social media and companies seeking to expand their online presence, companies are reminded to keep right of publicity considerations at the forefront of all promotional decisions. As discussed in a prior blog post, the right of publicity prevents the unauthorized commercial use of an individual’s name, likeness, or other
Is Super Bowl Advertising Worth It?
This is one we wonder year after year. The International Business Times reports that a 30-second ad for this year’s Super Bowl will run you $5.6 million (a $400,000 increase from last year), and that some companies opt for even longer spots. How do companies evaluate their return on investment at that price point? That’s
CA Cannabis Retailers to Post QR Codes
California’s Bureau of Cannabis Control has proposed emergency regulations requiring cannabis retailers to display their QR code certificate outside their storefronts and to require cannabis distributors and retail delivery drivers to carry the certificate when transporting cannabis. These regulations are designed to allow consumers to confirm that retailers have a legitimate cannabis business license by
Does AI Infringe? Do You?
Artificial Intelligence, commonly referred to as AI, is increasingly being used to perform tasks previously only capable of being done by humans. For example, some companies are pioneering automated journalism, allowing smart software to analyze data, match relevant phrases in a story template and put together a narrative that can be published. AI is
FTC Finalizes Sending Refund Checks to Consumers Allegedly Deceived by Subscription Snack Service
The Federal Trade Commission (“FTC”) recently sent out settlement checks to consumers who were allegedly deceived by UrthBox, Inc. (See https://www.ftc.gov/news-events/press-releases/2019/12/ftc-sending-refund-checks-consumers-allegedly-misled-free-trial.) While the settlement, $100,000, and the amount refunded, around $84,000, were not very high, the case is interesting as it reinforces the need for companies who offer online subscription services or that
SEC’s Advertising Changes for Investment Advisers
Last month, the Securities and Exchange Commission (SEC) issued a press release describing its proposed changes to the Investment Advisers Act of 1940. The Act contains various advertising and cash solicitation rules for investment advisers when soliciting clients and investors, which the SEC is proposing to modernize.
According to the SEC, the proposed changes are
FTC Issues “Disclosures 101 for Social Media Influencers”
Last week, the Federal Trade Commission (FTC) issued guidance titled “Disclosures 101 for Social Media Influencers.” The guidance consists of a short, easy-to-read document aimed directly at those who work with brands to recommend or endorse products. It is intended to give those influencers tips on when and how to make good disclosures about their
Two Better Business Bureau Entities Refer Companies to Federal Trade Commission
This month, two self-regulatory bodies that are administered by Better Business Bureau National Programs, Inc. (BBB), referred two different companies to the Federal Trade Commission (FTC) for investigation.
First, on October 3, 2019, the Direct Selling Self-Regulatory Council (DSSRC) referred Aloe Veritas, Inc. (a multi-level direct selling company that offers wellness and skincare products) to
FTC Charges Skincare Company for Posting Fake Reviews
In this day of online consumerism, the success of a product can change drastically with a simple addition, or subtraction, of a “star.” In October of 2018, a whistleblower shed light on the drastic measure one particular company, Sunday Riley Skincare, had taken to ensure its products’ “stars,” and their corresponding success, remained as high
Can “The” Really Be Trademarked?
“The” is the most commonly used word in the English language. However, “trademarks” and “common” are not typically synonymous; rather, a trademark “is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” So how could anyone imagine that the most commonly used