Category Archives: Advertising/Marketing

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A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post

In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and influencers, making it clear that it is paying close attention to influencer-based marketing.  More recently, the letters have been made publicly available, … Continue Reading

Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides

In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety letters reminding influencers and brands that “if there is a ‘material connection’ between an endorser and the … Continue Reading

Serious Games Require Serious Attention to Marketing Statements

Lumos Labs recently paid $2 million to the FTC to settle claims that it deceived consumers about its brain training application’s ability to increase cognitive function. According to the FTC,  the company alleged that its app, called Lumosity, provided many beneficial effects including the ability to improve users’ school and work performance, delay the onset … Continue Reading

New York Sacks Daily Fantasy Sports; Gives Pass to Traditional Fantasy Sports

The New York attorney general issued a cease and desist order to a number of daily fantasy sports (DFS) operators alleging that DFS constitutes illegal gambling under NY state law. According to the AG’s interpretation, DFS operations constitute illegal gambling under New York law, according to which, “a person engages in gambling when he stakes or … Continue Reading

EU Investigating Geo-Blocking of Online Video Games

On May 6, 2015, the European Competition Commission released a new Digital Single Market Plan, and simultaneously launched a broad antitrust investigation into e-commerce.  The DSM plan, consisting of sixteen proposals, seeks to create a single digital European market where access to digital goods and services is unfettered across all 28 member states.  The European … Continue Reading

Game On!

As companies are presented with the ever-challenging goal of achieving and maintaining brand recognition, many fashion companies are now attempting to engage consumers in both the real and virtual worlds. Gaming represents one non-traditional avenue that has undergone recent growth, as brands find value in connecting with existing and potential consumers through interactive online means.… Continue Reading

Brands and Video Games: Three Steps for Finding a Perfect MatchStep 2: Balancing Interests in User Interaction

In the first part of this article series, we looked at choosing a video game for product placement based on game attributes. Now we begin addressing the details of the branding deal—specifically, deciding how users can interact with the brands within a game. For brand owners, the concern is how in-game treatment of the brand will affect … Continue Reading

Brands and Video Games: Three Steps for Finding a Perfect MatchStep 1: Analyzing Attributes of Prospective Partners

Millions of people around the world play video games on a daily basis. As a result, video games present an amazing marketing opportunity. But how do you identify which game is appropriate for your brand? There is endless variety in the scope and presentation of video games—from vanquishing zombie hoards on your PC, to buying and selling real … Continue Reading

Branded: Product Placement and Video Games

Video games and feature films have a lot in common. Both tell stories and have exciting visuals and music. Although one is "interactive", recent Blu-ray HD discs are now turning linear films into more immersive, interactive experiences. Rights and talent deals for both have likewise followed a path towards convergence with terms and consideration often … Continue Reading
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