Is this advertising allowed?

Have you ever seen “vote the as.….s out” on shorts’ label? Would you buy the shorts with a political statement, even if nobody else can see it when you wear the shorts?  How does this company get away with such advertising? The beauty of such statement is that it is wide open to interpretation.  The […]

Mail Order Rule

Have you ever ordered something on line and it took much much longer to arrive than the original date given.  Worse is when your order never arrives!  I’ve been there, and who has time to call to track where the order is?  Why not just come are the seller said? Apparently, I’m not the only […]

Advertising in Spanish

Just like the USA, UK, and Australia speak English, we all speak very different English.  The same is for Spanish.  Just because Hispanics speak Spanish, we don’t all speak the same Spanish.  When reviewing a marketing campaign in Spanish, my first question is “who” is your target audience to take into account the language nuances.  […]

Terms of Use

Someone recently asked me if I actually read the Terms of Use on websites or apps. Considering that I’m an attorney and practice privacy law, not only do I read them, I actually draft them. It’s how I help clients be legally compliant online. But this question got me thinking, how do people know what […]

Core Values

Yesterday, I attended a great networking event, and learned some interesting things from the presenter.  The biggest take away for me was to pick three words that are the core of my business.  So, I picked the following three words: 1.Honesty:  In order to build relationships and trust, there must be honesty 2.Compliance: Legally compliant […]

Back to School…ONLINE

Having school online raises lots of privacy law questions under the Children’s Online Privacy Protection Act (COPPA) for children under 13 years of age. As a parent and an attorney, I like to keep an eye on what is being collected online and by whom, even if my kids are old enough to have this […]

Tattoos

In a recent case, a tattoo artist sued a game maker for copyright infringement for copying the tattoo into the game.  The game is a sport with famous players licensed to be “realisticly” playing in it.    The game maker has a license to make the players as realistic as possible.  The tattoo artist knowingly […]

Tiffany Engagement Ring at Costco?

Can you buy a Tiffany’s engagement ring at Costco? Would you be confused if you saw a “Tiffany” engagement ring for sale at Costco?  After seven plus years of litigation, the Second Circuit remanded the Tiffany & Co. v. Costco case to the lower court to decide if Costco infringed on Tiffany’s name by selling […]

Advertising in the USA?

A common question in the advertising law field is “does advertising law apply to companies located in other countries?”  The quick answer is YES, if they advertise and sell products in the USA. If a company is doing business in the USA, then USA law normally applies.  Given the surge of COVID-19 miracle cures being […]

Felony Charges Over Data Breach

If your company suffers a data breach, would you hide it?  What to do?  Do you report it, and to whom? Let me know in the comments – what do you think is the right thing to do? Today’s lesson is to NOT hide the data breach! Department of Justice (DOJ) charged Uber’s former Chief […]