Trends in Marketing & BrandingLeavens, Strand, Glover & Adler
OVERVIEWTech is transforming the way that people interact: How Companies Engage in Bus. Dev. How We Grow & Maintain Rela...
KEY AREASDigital Marketing & Advertising Channels Present NewChallenges: Reputation Management Online Comparative Advert...
Reputation ManagementImpersonation/Reputational Harm on the Internet Online imposters, defamers, and infringers, Reviews ...
Reputation Management Social Media: The New Frontier Reputation can be ruined in minutes Anonymous/Defamatory/Incorrect...
Online Comparative AdvertisingUse of Another’s Trademark in a Manner that is NOTInfringement Ebates Performance Marketing...
Online Comparative Advertising TRO Irreparable harm to reputation, customer trust & goodwill Though not discussed, use ...
Marketing In Social ChannelsEndorsements & Testimonials October 2009, Updated “FTC’s Guides Concerning the Useof Endorsem...
Marketing In Social Channels Seven Step Compliance Plan1. Personal Opinion: No $ = No Disclosure2. Sample/Gift: How item ...
Marketing In Social Channels Celebrity Issues Right of Publicity Hart v. EA SportsLeavens, Strand, Glover & Adler
Mobile PlatformsIn the digital world, mobile is the new driver of commerce: Consumers and business are transacting busine...
Marketing to ChildrenProtect Kids’ Privacy FTC: “If app is designed for children under 13 or youknow you collect personal...
Conclusion Rapid Technological Change = Opportunities + Risks Confusing & changing set of challenges Complex & inconsta...
Thank You!Leavens, Strand, Glover & Adler
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Entertainment Law & Technology: Trends in Media & Advertising

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This presentation, brought to you by Chicago's leading Entertainment Law firm, is geared for in-house counsel tasked with managing a broad range of IP, marketing, branding and promotions efforts.

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Entertainment Law & Technology: Trends in Media & Advertising

  1. 1. Trends in Marketing & BrandingLeavens, Strand, Glover & Adler
  2. 2. OVERVIEWTech is transforming the way that people interact: How Companies Engage in Bus. Dev. How We Grow & Maintain Relationships Empowers Individual Consumers Consumers Impact Business DecisionsLeavens, Strand, Glover & Adler
  3. 3. KEY AREASDigital Marketing & Advertising Channels Present NewChallenges: Reputation Management Online Comparative Advertising Marketing Through Social Channels Use By Celebrities Endorsements Mobile Platforms Marketing to ChildrenLeavens, Strand, Glover & Adler
  4. 4. Reputation ManagementImpersonation/Reputational Harm on the Internet Online imposters, defamers, and infringers, Reviews &Recommendation Engines Yelp, Amazon Be familiar with features, practices, and policies of thesesites. Preserve objectionable content immediately (e.g.screenshots) Delegate responsibility: do not want your CEO or trial lawyerbecoming a witness merely for the purpose of authenticatingLeavens, Strand, Glover & Adler
  5. 5. Reputation Management Social Media: The New Frontier Reputation can be ruined in minutes Anonymous/Defamatory/Incorrect/Incomplete Internal Controls Who is registering the account? (e.g. summer intern) Create an Ownership Agreement: Account log in Use company email Social Media policies Damages: Clay Corp. v. Colter (MA) $700,000Leavens, Strand, Glover & Adler
  6. 6. Online Comparative AdvertisingUse of Another’s Trademark in a Manner that is NOTInfringement Ebates Performance Marketing, Inc. v. IntegralTechnologies, Inc., No. 12-cv-06488-YGR, (N.Dist. CA)Leavens, Strand, Glover & Adler
  7. 7. Online Comparative Advertising TRO Irreparable harm to reputation, customer trust & goodwill Though not discussed, use was “nominative” No suggestion of affiliation or misrepresentation Take Aways: Balance creativity of advertising with facts communicated Draw clear distinction between Products & Services offeredunder your trademarks / your competitor’s trademarks. Qualitative or Quantitative claims? Must have data and tests Leading 7th circuit case: Mead Johnson & Co. v. AbbottLabs., 209 F.3d 1032 (7th Cir., 2000)Leavens, Strand, Glover & Adler
  8. 8. Marketing In Social ChannelsEndorsements & Testimonials October 2009, Updated “FTC’s Guides Concerning the Useof Endorsements and Testimonials in Advertising.” Endorsements increasingly used by consumers, experts,organizations and celebrities in online marketing. Removed “results not typical” safe harbor underscored the longstanding principle of disclosing“material connections”Leavens, Strand, Glover & Adler
  9. 9. Marketing In Social Channels Seven Step Compliance Plan1. Personal Opinion: No $ = No Disclosure2. Sample/Gift: How item or service received3. Promotional: 1) Existence, 2) Value, & 3) Impact4. Employment: “material business relationship”5. Affiliates: Links + Paid referrals6. Healthcare: safety warnings, side effects, provide officiallinks7. Financial Services: NASD, SEC, FINRA - Record Retention;Suitability; Public Appearances; Third-Party PostsLeavens, Strand, Glover & Adler
  10. 10. Marketing In Social Channels Celebrity Issues Right of Publicity Hart v. EA SportsLeavens, Strand, Glover & Adler
  11. 11. Mobile PlatformsIn the digital world, mobile is the new driver of commerce: Consumers and business are transacting business over mobile devices New legal issues around advertising, privacy & security FTC Enforcement: 01/26/2012 - First Workshop on Mobile Payments and Their Impact on Consumers 02/02/2012 - Marketers Warned That Mobile Apps May Violate FCRA 02/16/2012 - First Report On Privacy Questions About Mobile Apps for Children 09/05/2012 - Mobile App Developers Truth-in-Advertising & Privacy Guide 10/10/2012 - Second Report On Privacy Concerns in Mobile Apps for Children 02/01/2013 - Path Consumer Deception In Collecting Personal Information 02/22/2013 - Settlement with HTC America (handsets) Privacy By Design 03/07/2013 - Crack Down on Spam Text Messages 03/08/2013 - Staff Report Examines Growing Use of Mobile Payments 04/17/2013 - First Case Against Mobile Phone "Cramming"Leavens, Strand, Glover & Adler
  12. 12. Marketing to ChildrenProtect Kids’ Privacy FTC: “If app is designed for children under 13 or youknow you collect personal information from kids, youhave additional compliance requirements underCOPPA Applies to Mobile Apps (not just web sites) Expanded Definition of Personal Information July 1, 2013 Civil penalties of up to $16,000 per violationLeavens, Strand, Glover & Adler
  13. 13. Conclusion Rapid Technological Change = Opportunities + Risks Confusing & changing set of challenges Complex & inconstant regulatory environment LSGA focused on the intersection of innovation &creative content Successful Marketing & Advertising requiresspecialized knowledge beyond basic IPLeavens, Strand, Glover & Adler
  14. 14. Thank You!Leavens, Strand, Glover & Adler

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