Category Archives: Advertising Matter

Demystifying The Mystery Shopper

iStock_000016054182XSmall

By: Brian J. Meli

The mystery shopper (or secret shopper in some circles) has long been used as a way for businesses to gain real-world consumer insight into their products and services. Mystery shopping gives company decision makers a customer’s-eye view into the purchase experience of their brands, and, among other things, a practical understanding of how those brands are regarded in the marketplace. More and more though, the clandestine tactic of mystery shopping is being used to gain a competitive advantage over the competition. What better way, after all, to figure out what your chief rival’s up to than by simply asking his employees? The question is, when does snooping on the competition cross the line? Continue reading

Tagged , , , ,

Advertising Agencies: Your Client’s Lawyers Work For Them, Not You

50's TV commercial

By: Brian J. Meli

There’s a dangerous and all too common perception in the advertising industry that the client’s legal department has the agency’s back. On this subject I won’t mince words: they don’t. Your typical agency account director will fervently argue she’s developed a very close, strategic partnership with her clients that’s built on mutual trust. And my response to her is: it doesn’t matter; they still don’t.

I can say so without hesitation because the rules governing attorney ethical conduct demand that they don’t.

Continue reading

Tagged , , , , ,

Diller vs. Moonves – Media Right Meets Media Might

2007 Consumer Electronics Show Showcases Latest Tech Products

USA Networks CEO Barry Diller

By: Brian J. Meli

You’d be hard pressed to find two savvier media moguls than Barry Diller and Les Moonves. Diller, the charismatic, long-time industry heavyweight and brainchild behind the Fox Broadcasting Company has held executive posts at ABC, 20th Century Fox and Paramount Pictures over the course his illustrious 50-year career. Among the many credits to his name: pioneering the made-for-television movie format, popularizing the QVC home shopping network and, most recently, founding IAC/InterActiveCorp, an Internet company whose properties include Vimeo and Match.com.

Leslie Moonves, meanwhile, the President and CEO of CBS, is well-credentialed in his own right, having served in executive-level roles at Warner Bros. Television, 20th Century Fox Television and Viacom.

The two men have been long-time competitors in the ratings wars, but now their rivalry has shifted from the small-screen to the courtroom.

Continue reading

Tagged , , , , , , , , , , ,

What The New FTC Disclosure Guidelines Mean For Your Business

Screen Shot 2013-05-08 at 4.55.37 PM

By: Brian J. Meli

Last month, the Federal Trade Commission (FTC) issued updated disclosure guidelines for online advertisers to help ensure compliance with truth in advertising laws. The new guide, .com Disclosures – How to Make Effective Disclosures in Digital Advertising, is an overdue update to the agency’s initial Dot Com Disclosures guidedisseminated well before smartphones, tablets and social media came onto the scene. While advertising disclosures are, by their fact-dependent nature, hard to standardize, the new guide does an adequate job of clarifying what is and is not acceptable given all the new ways advertisers are using the Internet. The following is an overview of some of the things you need to know before advertising online.

Continue reading

Tagged , , , , ,

Content Marketing And The Great Commercial Blur

By: Brian J. Meli

Back in the quaint old days of the the 1970’s and early 80’s, when the Internet was still a college science project and social networking was something you did around a water cooler, the US Supreme Court decided a series of First Amendment cases that established the modern-day boundaries between inviolate non-commerical speech (personal, religious, political speech) and less revered, but still important commercial speech.

iStock_000020102137_ExtraSmallThe result was a distinction between communication that’s subject to government restriction on the basis that it’s false or misleading (commercial), and speech that’s beyond the reach of regulation no matter how untrue or inaccurate it may be (non-commerical). It’s a distinction—and a precedent—that still stands today, nearly 40 years and numerous technological revolutions later. But the longevity of the distinction has less to do with the clarity of the decisions that formed it, and more to do with the Supreme Court resisting reexamination of an issue that, now more than ever, demands drawing boundaries between concepts that can be almost impossible to distinguish, let alone define. Continue reading

Tagged , , , , , , ,

Spam (Can Cost) A Lot!

Spam e-mail folder

By: Brian J. Meli

The practice of sending unsolicited emails en masse to prospective customers goes almost all the way back to the dawn of the digital age.  But federal regulations governing the practice have only been around for about a decade.  The CAN-SPAM Act, or The Controlling the Assault of Non-Solicited Pornography and Marketing Act, in unacronoymed form, was passed in 2003 in an effort to harmonize a patchwork of inconsistent state laws and bring order to an increasingly chaotic practice. Continue reading

Tagged , , , , ,

A Lawyer And A Marketing Guy Walk Into A Bar…To Discuss A Trademark.

By: Brian J. Meli

It sounds like the setup to a bad punchline. But with the benefit of a former career in content creation in the advertising industry, and a current career in content protection in the legal one, it could be the title of my future memoir.

iStock_000022620865_ExtraSmallThe fact is the marketing executive has always dreaded the call to/from the legal department, because it represents the demise of all that’s new, exciting and creative (i.e. everything that makes their job moderately interesting). As one former colleague put it, the advertising lawyer is the “No-Man,” named not so endearingly after his favorite word in the english language, as in “no, you can’t run that.” As far as your average brand manager or account director is concerned, a lawyer wouldn’t know a good creative concept if it walked up to him, introduced itself and then tried to strangle him with his Ferragamo necktie.

The lawyer meanwhile regards the marketing camp as a bunch of foolish risk-takers, naive to the unintended consequences of running a campaign without proper review. So who is right? Well, the fact is neither one would be doing his job very well if he wasn’t thinking along these lines. One of them gets paid to define the limits; the other to push them.  The question is: is there ever a time when the two can find common ground?  The answer: perhaps. Continue reading

Tagged , , , , , , ,
06880

Where Westport meets the world

Trademark and Copyright Law

The Stuff of Commerce, Technology and Intellectual Property Law

Technology & Marketing Law Blog

The Stuff of Commerce, Technology and Intellectual Property Law

All About Advertising Law

The Stuff of Commerce, Technology and Intellectual Property Law

Scholarly Communications @ Duke

The Stuff of Commerce, Technology and Intellectual Property Law

Rick Sanders Law

The Stuff of Commerce, Technology and Intellectual Property Law

The Stuff of Commerce, Technology and Intellectual Property Law

LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

DuetsBlog ®

The Stuff of Commerce, Technology and Intellectual Property Law

D Gonzalez Law

The Stuff of Commerce, Technology and Intellectual Property Law