SCOTUS's new slant on trademark law, branded content on social media, and more in this issue of Advertising Law News & Analysis

3 min

United States Supreme Court Building

A New Slant on Trademark Law?

Early this week, a much-watched Supreme Court case involving a band named The Slants concluded when the Court ruled unanimously that the Lanham Act's disparagement clause prohibiting federal registration of "disparaging" trademarks unconstitutionally limits free speech. However, write Venable attorneys Susan Hollander and Paul Sousa in a recent blog post, the near-term effect on trademark applicants remains in question because of other viewpoint-based prohibitions the Court did not address.

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gold hashtag

A Turning Point for Branded Content on Social Media?

It is no secret that influencer marketing is the marketing tactic of the moment, write Venable partners Amy Mudge and Melissa Landau Steinman in a recent blog post. However, advertisers, agencies, and influencers are often confused about how to comply with the FTC's Guides Concerning the Use of Endorsements and Testimonials. Some recent changes by leading social media platforms may make it much easier to manage how branded content is disclosed.

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software globe

Copyright Bills Moving on Capitol Hill

Since January, the members of the 115th Congress have introduced new legislation seeking to update digital rights, reintroduced several copyright bills from the previous Congress, and proposed new legislation that would reform and modernize the U.S. Copyright Office. Venable attorneys A.J. Zottola and Christopher Kim recap the recent legislative activity in the summer 2017 edition of the firm's Digital Rights Review.

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medal winner

Global Sweepstakes Can Be a World of Trouble

As more consumer brands operate internationally, the idea of running global sweepstakes can be appealing. But, write Venable attorneys Melissa Landau Steinman and Michael Isselin in a recent blog post, the variation and complexity in sweepstakes and promotions laws, in addition to the practical challenges, can make even the most ambitious marketer question whether it's a good idea to run a truly "global" sweepstakes.

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Advertising Law Tool Kit

From the Tool Kit

Sweepstakes and promotions are essential aspects of most companies' marketing strategies. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partner Melissa Landau Steinman outlines the factors brands should consider to mitigate legal, regulatory, and reputational risk.

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Running Social Media & Online Contests: What's Legal, What's Not

June 26, 2017 | Webinar

As federal and state regulations increase and social media continues to evolve, ensure you are properly prepared to advise clients as they navigate the online space. Venable's Melissa Steinman will host a 90-minute webinar beginning at 1:00 p.m. ET to discuss best practices in navigating current regulations for online contests to ensure your clients avoid legal pitfalls when running a digital promotion.


ACA International 2017 Convention and Expo

July 17, 2017 | Seattle, WA

Venable attorneys Jonathan Pompan and Alexandra Megaris will join an interactive panel discussion, "Regulatory Compliance in an Evolving Legal Landscape," where they will share approaches to compliance and practical answers to questions. Hear from a chief compliance officer and attorneys who advise on an array of debt collection compliance matters and defend against federal and state enforcement investigations.

NBJ Summit

July 17 – 20, 2017 | Rancho Palos Verdes, CA

The Nutrition Business Journal (NBJ) Summit attracts over 300 of the nutrition industry's brightest minds and most influential power brokers for unparalleled education, strategic thinking, and discussion on the progress, opportunities, and challenges facing the industry. Venable will sponsor the Welcome Dinner at this year's NBJ Summit on July 18, 2017 from 7:30 pm to 10:30 pm PT.