Broadcast Law Blog

Broadcast Law Blog

Category Archives: Advertising Issues

Subscribe to Advertising Issues RSS Feed

It’s March Madness! … It’s April Madness! … Be Wary of Using the NCAA’s Trademarks

Posted in Advertising Issues, Trademark
Less than a week ago, the National Collegiate Athletic Association filed a trademark infringement action in federal court against a company that runs online sports-themed promotions and contests under the marks “April Madness” and “Final 3.”  The NCAA is seeking injunctive relief, damages, the defendant’s profits, punitive damages and an award of attorneys’ fees. Last year,… Continue Reading

As Super Bowl Approaches, Advertisers Should Be Aware of The NFL’s Efforts to Protect Its Golden Goose – 2017 Update

Posted in Advertising Issues, Intellectual Property, Trademark
Last year, we posted some guidelines about engaging in or accepting advertising or promotions that directly or indirectly alludes to the Super Bowl without a license from the NFL. We are at that time of year again, so here is an updated version of our prior post. In addition to the monies it receives annually… Continue Reading

FCC Clarifies Public File Obligations for Identifying Issues and Sponsors for Political Ads – Admonishes Numerous TV Stations for Violations

Posted in Advertising Issues, Political Broadcasting, Television
Late Friday, the FCC’s Media Bureau issued an order (at this time available in Word format only, here) clarifying its public file rules for political ads – both ads from candidates and from third-party groups.  The FCC’s clarifications require broadcasters who run candidate or issue advertising to include information about not only the candidates mentioned… Continue Reading

Advertise Like Santa Is Watching – 6 Holiday Advertising/Marketing Tips to Help You Stay Off The Naughty List

Posted in Advertising Issues, Children's Programming and Advertising, Intellectual Property, Music Rights, On Line Media, Payola and Sponsorship Identification, Programming Regulations, Trademark, Website Issues
It’s the holiday season, and many of us are turning our thoughts to celebrating with friends and family. It is also high season for shopping, which means the airwaves, social media, websites and print pages are full of opportunities to buy, sell, and advertise. Whether you consider that to be a feature or a bug,… Continue Reading

Legal Issues in Digital and Social Media – Identifying the Landmines for Broadcasters and Other Media Companies – A Video Webinar

Posted in Advertising Issues, Appearances, Children's Programming and Advertising, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Payola and Sponsorship Identification, Privacy, Trademark, Website Issues
Almost every week, we write about some legal issue that arises in digital and social media – many times talking about the traditional media company that did something that they shouldn’t have done in the online world, and ended up with some legal issues as a result. Two weeks ago, I conducted a webinar, hosted… Continue Reading

Accepting Advertising for Marijuana or Marijuana Paraphernalia:  The Trademark Office Rules on a Related Issue that Provides More Reason For Caution

Posted in Advertising Issues, Trademark
As David Oxenford has previously commented, even in states where marijuana has been legalized, broadcasters should be cautious about accepting advertising for marijuana or related paraphilia.  Specifically, decisions by the FDA and the Department of Justice have done little to cut through the smoke shrouding the issue.  Now, perhaps the last United States agency that… Continue Reading

Reminder: Free Webinar Next Week on Trademark Law – Protect Your Slogans and Brands

Posted in Advertising Issues, Appearances, Intellectual Property, Programming Regulations, Trademark
The protection of brands, slogans, positioning statements and program titles must be a high priority of any electronic media company. These assets establish the identity of any broadcaster, webcaster or other media company.  Media companies need to protect these assets through the rights accorded by trademark law.  We have been running a series of articles on… Continue Reading

Trademark Tuesday, Election Day Special – Trademark Tales from the Campaign Trail

Posted in Advertising Issues, Trademark
With Election Day finally upon us, we wait in anticipation (and with a fair amount of nail biting) as the fate of our country is decided. But that doesn’t mean there isn’t room for some trademark fun, looking at how law and trademarks can collide. But first, a reminder — don’t forget to dial into… Continue Reading

What to do When a Local Political Candidate Appears in a Spot Advertisement for a Commercial Business

Posted in Advertising Issues, Political Broadcasting
This has been an unusual political year, as the number of political broadcasting legal issues that have arisen seems far smaller than in past election cycles. Perhaps broadcasters are all on top of the issues this year, or maybe the questions that often arise in connection with attack ads simply pale in comparison to some… Continue Reading

What Could Possibly Go Wrong With a Broadcast Contest? – From the Legal Side

Posted in Advertising Issues, AM Radio, FCC Fines, FM Radio, Programming Regulations, Public Interest Obligations/Localism, Television
Earlier this week, our friends at the broadcast and digital media consulting and research firm Jacobs Media posted an article on their blog called “What Could Possibly Go Wrong,” dealing with the financial and reputational issues that can arise if a contest is not fully thought out. That article reminded me of all of the… Continue Reading

Second Circuit Holds Marketing Campaign Organizer Liable Under FTC Act for Deceptive Representations of Its Marketing “Affiliates”

Posted in Advertising Issues, On Line Media, Website Issues
There is nothing new about the FTC bringing enforcement actions based on deceptive advertising practices.  Those cases are the FTC’s bread and butter.  But in recent years the FTC has been pushing forward with cases that address the increasingly complex network of entities involved in marketing, including companies that collect, buy, and sell consumer information… Continue Reading

Reminder: Lowest Unit Rates for the November Election Start Tomorrow

Posted in Advertising Issues, Political Broadcasting
It’s election season, and for the 60 days before any general election, broadcast stations are required to charge political candidates the “lowest unit rate” for comparable advertising time that runs on their stations. That means that, for each class of advertising time on any particular station, the candidate can only be charged the lowest rate at… Continue Reading

Update: More on Marijuana Advertising

Posted in Advertising Issues, License Renewal, Public Interest Obligations/Localism
In the few days since I posted this update on concerns about marijuana advertising, there has been much attention devoted to the subject – and none of it undermines my belief that broadcasters need to continue to be cautious in this area. Yesterday, there was an article in the Sacramento Bee newspaper, specifically addressing the… Continue Reading

FDA Continues to Schedule Marijuana as a Schedule I Drug – Doing Nothing to Clarify the Still Murky State of Broadcast Advertising

Posted in Advertising Issues, License Renewal, Public Interest Obligations/Localism
Last week’s letter from the FDA detailing its position that there should be no change in marijuana being classified as a Schedule I drug under Federal law reinforces the fact that, under Federal law, the drug is still illegal – no matter what certain states may do to legalize or decriminalize its use. As the… Continue Reading

Programmatic Advertising Buying and the FCC’s Political Broadcasting Rules

Posted in Advertising Issues, Political Broadcasting
With the national presidential conventions complete, and most of the state primaries for Congressional, state and local offices either behind us or to occur in the next few weeks, the most concentrated period for the purchase of political advertising on broadcast stations is now upon us, to peak in the late October/early November frenzy. While… Continue Reading

Stephen Colbert Brews Up a Parody on Aggressive Protection of Olympic Trademarks

Posted in Advertising Issues, Intellectual Property, Trademark
A few weeks ago, we wrote here about the risks of using in advertising and promotions the Olympic trademarks, symbols or marks that may suggest an association with the Olympic Games.  The Olympic Committee recently demonstrated just how serious it is about its marks, sending a letter to non-Olympic sponsor companies, warning them  that they… Continue Reading

Dirty Dancing with Trademark Rights: How Pop Culture References in Ads Can Raise Legal Issues

Posted in Advertising Issues, Intellectual Property, Trademark
Prospective advertisers come to your station and describe their ideas for local ads. A realtor’s ad ends with “There’s no place like home.” A boat builder says he will tell buyers, “You’re going to need a bigger boat.” And, a used car salesperson wants to say “I’m gonna make you an offer you can’t refuse.”… Continue Reading

Avoiding Olympic Hassles – Trademark and Other Legal Protections Limit the Use of Olympics, Paralympics and Related Terms in Advertising, Marketing, and Promotions

Posted in Advertising Issues, Intellectual Property, Programming Regulations, Trademark
Over the last several months, we have written about the risks of publishing ads or engaging in promotional activities that refer to the SUPER BOWL® or MARCH MADNESS® without first asking the NFL or the NCAA, respectively, for permission to use those marks.  With millions of viewers about to tune into the OLYMPIC® games in… Continue Reading

Political Candidate Ads Without the Candidate’s Voice or Image – What is a Station to Do?

Posted in Advertising Issues, Political Broadcasting
From time to time, questions come up as to whether it is acceptable for broadcast stations to air ads from a political candidate which do not feature the voice or, for TV, the image, of the candidate.  Ads from Federal candidates should almost never be missing the recognizable voice or image, as there are Federal… Continue Reading

Using Text Messages in Promotions and Contests? – $8,500,000 Settlement Provides Reminder to Make Sure You are Aware of TCPA Obligations

Posted in Advertising Issues, FCC Fines, Privacy
In the last few days, the trade press has been full of stories about a settlement of a lawsuit brought against a large broadcaster for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Given that the settlement was for $8.5 million, it has commanded lots of attention. While much of this attention seems to… Continue Reading

With November’s Presidential Election Taking Shape – Likely Political Advertising Issues Ahead for Broadcasters – Looking at Equal Opportunities

Posted in Advertising Issues, Political Broadcasting
After last week’s Indiana primary, it appears that the Republican Party will be nominating Donald Trump as their Presidential candidate. While Hillary Clinton’s defeat in that primary may mean that the primaries continue to have meaning on the Democratic side, with apologies to supporters of Senator Sanders among our readers, most political commentators seem to… Continue Reading