Keeping basketball-related ads out of court, potential hazards of using social media in ad campaigns, and more in this issue of Advertising Law News & Analysis

4 min

orange splash

Don’t Let Your Ads Foul Out

Every March, the National Collegiate Athletic Association (NCAA) gears up to host its annual men's college basketball tournament. However, Venable attorneys Roger Colaizzi, Chris Crook, and Taylor Sachs write in the March edition of the DRMA Voice that the basketball court is not the only place where the stakes are high. The NCAA polices its valuable basketball-related trademarks aggressively, and marketers who try to generate sales by using one of its marks – or even marks that may imply an association with the tournament – will quickly find themselves in a whole different kind of court.

Read More

beer in a glass

Don’t Let Your IP Clearance Protocols Go Flat (or Warm)

While Kraft v. Anheuser-Busch, LLC may sound like an epic showdown in a college refrigerator, it is actually a recent lawsuit alleging copyright infringement, invasion of privacy, and violation of the plaintiff's right of publicity. The case, write Venable attorneys Melissa Landau Steinman and Linda Zirkelbach in a recent blog post, should serve as a wakeup call for brands that use images or content submitted via social media in their advertising campaigns.

Read More

orange in water

Process to Redefine "Healthy" Moves Forward with FDA Public Meeting

Which foods deserve to be labeled as "healthy?" The Food and Drug Administration (FDA) considered this question at a public meeting on March 9, writes Venable partner Todd Harrison in a recent blog post. The meeting gave industry stakeholders and consumers an opportunity to provide the FDA with their input on how to redefine "healthy." During the meeting, the FDA only moderated and answered questions—the administration did not weigh in on the policies that were proposed. A wide array of ideas was presented during the all-day event, the high points of which Harrison summarizes in his blog post.

Read More

Advertising Law Tool Kit

What's in Your Tool Kit?

Social media is a white-hot marketing channel for all types of brands, but social media promotions are also rife with potential regulatory pitfalls. In the latest edition of the firm's Advertising Law Tool Kit, Venable partner Melissa Landau Steinman outlines several strategies brands can use to mitigate the risk of social media promotions.

Read More


International Home and Housewares Show

March 18-21, 2017 | Chicago, IL

The International Home and Housewares Show is the largest housewares-only trade fair in the world. Join us at the Venable-sponsored DRMA Chicago Reception at the I|O URBAN ROOFSCAPE on March 20.



March 20-22, 2017 | Las Vegas, NV

Online lead generation is ubiquitous in the modern marketplace, and both the FTC and state AGs are rethinking regulation and enforcement of the leadgen industry. Hear directly about this evolving landscape from Venable partner Jonathan Pompan and key staff from the FTC and state AG offices during the session "Lead Generation Regulation and Enforcement: Government Perspectives" on March 21 at 1:30 p.m. PT.


MAC 2017 Annual Conference

March 21-23, 2017 | Las Vegas, NV

MAC, the Merchant Acquirers Committee, is the premiere payments risk conference leading the field in addressing and combating risk. With industry changes and regulatory oversight increasing, 2017 will be another year of transformation and growth in the payments industry. Join Venable attorneys at the MAC conference to connect and network with the most influential and exclusive group of payment risk professionals in the acquiring industry. Venable partner Ed Wilson will speak on a panel titled "YUUUGE" CHANGES IN WASHINGTON (BUT LESS THAN YOU THINK) on March 22 at 11:05 a.m. PT.


ANA Law and Policy Conference

March 28-29, 2017 | Washington, DC

As the world shrinks and digital takes control, effective advertising lawyers are not just building the bridge between creative freedom and consumer protection – they have increasingly become embedded in the marketing process, from beginning to end. Venable's Amy Mudge, Tara Sugiyama Potashnik, and Chuck Curran will be sharing industry insights on various panels throughout the conference. Be sure to join Venable at the 13th Annual Association of National Advertisers' conference as we host the opening networking reception on March 28 at 5:30 p.m.