Just because you can do something, doesn't mean you always should." Never has that saying had more meaning than when it comes to Internet advertising. True, this new avenue for advertising has helped some companies exponentially increase their business, but the methods for "re-directing" prospective customers have come under great scrutiny by the courts in the last 6 months. Recent decisions warn that keyword advertising through paid placements such as "Sponsored" or "Featured" ads could lead you directly to the defendant's table in federal court.
Recent developments of note in the Internet industry. This month:<br>FCC Requires VoIP to Clean up Its 911 Act <br>House Votes to Eliminate Spyware<br>Intermix Settles Adware Suit with Spitzer
Despite their negative public images, Internet pop-up ads and unsolicited commercial e-mail (spam) have transfigured marketing. Like spam, Internet pop-ups can be lawful if they are not deceptive.
The Internet has provided an unprecedented opportunity for individuals to disseminate information widely at a very low cost. This means that virtually anybody who wants to distribute a message can do so. <br>It is this sense of empowerment that may drive individuals to spend the time and energy to create sites devoted to complaints about a particular product, service, company, organization, or individual. Frequently these sites employ trademarks owned by their targets, sometimes in the site's domain name itself, and always in the text of the site. Internet search engines pick these references up, so that the gripe sites often turn up side-by-side with official corporate sites in response to Internet searches.
Preliminary estimates of first-quarter e-commerce activity from the U.S. Census Bureau show a continued rise in the value of services and goods procured and exchanged online or by other electronic conduits.
At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
The law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.
The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
