In a case decided recently where the agency sued the client for copyright infringement and breach of contract, the agency lost on both counts. WHY? In this case, nobody disputed that the agency had a valid copyright. So, the question regarding copyright infringement turned on whether the client’s commercial was substantially similar to the agency’s […]
Just like English is a living language that changes with generations, so is Spanish. Just like the USA has different dialects in different parts of the country, so do the different Latin communities. Yes, Hispanics speak Spanish, but each Hispanic culture has its own dialect and language nuance. So, when I review a marketing campaign […]
Given the advance in technology, the Securities and Exchange Commission (SEC) is in the process of updating its advertising and solicitation rules. According to SEC Chairman Jay Clayton, “[t]he proposed amendments to the advertising rule would replace the current rule’s broadly drawn limitations with principles-based provisions. The proposed approach would also permit the use of […]
Yes, most Hispanics in the USA speak English. So, why bother advertising in Spanish? Based on the article Try something new: 3 ways to boost your firm’sgrowth by Hernán Tagliani (link below), here is some really persuasive information to seriously consider that question… “Hispanics account for the largest multicultural segment in the U.S. (19.6 percent) in 2019. They […]
I am often asked what is my niche. When I answer that I practice Advertising, Marketing and Promotions Law, I usually get either blank stares or confused looks. I then explain that I help businesses and agencies minimize legal risk for false and misleading advertising lawsuits or challenges. To whom does my field of law […]
On March 20, 2019, I wrote about the lawsuit potentially holding companies liable for their marketing campaigns that allegedly encourage and potentially lead to criminal acts. The post is copied below. This week, “t]he U.S. Supreme Court declined to review the ruling, without comment from any individual justice.” Hence, “[t]he decision lets stand a groundbreaking […]
Do you advertise to children? If you advertise to children, what age group is your target audience? Marketers who advertise to children need to comply with special rules that protect children from false and misleading advertising. COPPA recognizes that children need protection because they are impressionable, and lack the maturity, experience, and cognitive ability to […]
How do you substantiate a claim for being the favorite product in a particular community? Is is merely puffery to claim to be the favorite? Is the word “favorite” used objectively or subjectively? In a recent decision, the NationalAdvertising Review Board (NARB) upheld the National Advertising Division’s (NAD) decision that in this particular case, the […]
Today I spent the day learning the difference between GDPR and CCPA to better help my clients be compliant. As an Advertising, Marketing and Promotions Law attorney, I review websites for legal compliance. Are you ready for CCPA? #substantiationequalstrust #promotiontransparency #promotionalintegrity #adveritisingandmarketinglawyer #transparencyformstrust #couponlegality #hispanicadvertisingandmarketingattorney
As a bilingual Advertising, Marketing and Promotions Law attorney, I actually like to look at the ads around me wherever I may be in whatever language. As I was traveling this past weekend, I noticed an ad in Spanish, which read “Sus vacactiones son nuestra vacacion.” Although it is not really part of my job […]