As I mentioned a few weeks ago, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here. This week, I wanted to share with you the section I co-authored on the National Advertising Division of the Council of the Better Business Bureaus (NAD).
Despite recent news reports implying that marketers are taking disputes to federal court with greater frequency, 2014 proved to be another banner year for the NAD. Eighty-eight competitor challenges were filed with the NAD in 2014 – a considerable increase … Continue Reading
Even if (or maybe because) your last exposure to European advertising was a heavy metal cough drop commercial from Finland, you may be wondering how things are going over there across the pond. In general, I think the answer is, “Things could be better, but they were a lot worse.”
Ad spending is a kind of economic indicator. When a business, or a sector, or an entire economy heads south, ad spending is one of the first things to get cut. The European Union (EU) has been slower out of the Great Recession than the United States and ad spending didn’t return to growth until 2013, and even then it only grew by only 2.3% in 2014, according to a … Continue Reading
2014 marked a year of significant change in the marketing communications industry. To help understand these changes, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015.
Over the next few weeks, I will share with you a few pieces I authored on the topics of: FTC – Regulatory and State, Emerging Hardware – Robots, Drones and Connected Devices, and the NAD. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here.
FTC – Regulatory and State:
The regulatory landscape in 2014 was marked by a continued focus on the importance of clear, … Continue Reading
The Council of Better Business Bureau’s National Advertising Division (NAD) has recommended that, as a result of a complaint filed by Expedia, two online travel sites change several aspects of their search engine marketing (SEM) to avoid misleading consumers. While SEM is a common and long-standing practice, the NAD’s decision emphasizes that there are still emerging issues that companies engaged in this type of marketing should observe.
Expedia filed a challenge with the NAD alleging that the SEM practices of Fareportal Inc., the operator of travel sites CheapOair.com and OneTravel.com, were misleading.
First, Expedia challenged Fareportal’s practice of advertising what appeared to be low fares from a specific origin to a destination identified in a consumer search query, … Continue Reading
To understand b.good, the healthy sandwich and salad shop that has taken the northeast by storm, we’re going to need to hop into the DeLorean, and go back to 1987 – when the founders met. b.good’s co-founders, Jon Olinto and Anthony Ackil, met in the sixth grade, and formed a fast friendship. After countless shared burgers – and years later – the duo teamed up to create something that they felt was missing from the marketplace. They set out to create a line of restaurants where the food was made by real people, not factories. In fact, burgers share the menu with kale and quinoa bowls and seasonal salads, and are all made with ingredients sourced from local farmers who … Continue Reading
The Chairman of the Joint Chiefs of Staff sang New York, New York; Louis C.K riffed on rats doing it in the subway; and Bruce Springsteen auctioned off two guitars, a lasagna dinner and a motorcycle ride. That was just some of the goings-on at the 8th Annual Stand Up for Heroes charity show, which raised $6 million to help post-9/11 vets and their families.
In addition to the Boss’s “guitars n’ lasagna” package, this year’s Stand Up for Heroes featured some other new fundraising wrinkles.
One was Dine Out for Heroes, an initiative led by Peter and Penny Glazier of the Glazier Group of restaurants, in which more than 200 participating restaurants donated a dollar for every meal they … Continue Reading
Candlelight, loud music, and the chance for a potential celebrity sighting – it sounds a bit like a nightclub, or at the very least a trendy bar. While all of the above are nightlife commonalities, they are also a key factor in the success of SoulCycle – an intense, full-body workout done on a stationary bike. The brand has turned “spin class” into one of the most successful fitness trends around, generating a cult-like following among its devotees, which include Lady Gaga, Katy Perry, Jake Gyllenhaal, and Charlize Theron just to name a few. In addition, celebs such as Lena Dunham and Oprah have even held SoulCycle birthday parties.
SoulCycle has set itself apart from other fitness trends in a … Continue Reading
Social media can be challenging with its many channels and niche audiences. Where does a brand start? And how do brands tie their efforts together? VIZIO, the nation’s largest seller of flat panel televisions, answered these questions by creating its own social network, called Fandemonium.
By leveraging a sponsorship begun in 2010, VIZIO first launched Fandemonium at the 2013 Rose Bowl game; encouraging fans to cheer and jeer plays for a chance have their pictures displayed on the stadium jumbotron. Fandemonium participation – including store check-ins as well as viewing and writing product reviews – is rewarded with points that members can redeem from VIZIO, or one of its Fandemonium partners, which include Hulu, Netflix, and ESPN.
The genius behind … Continue Reading
One of the biggest news stories of the last year occurred on December 3, 2013, when the city of Detroit became the largest municipality in the United States to enter Chapter 9 bankruptcy. A decades-long economic decline saddled Detroit with $18 billion in debt, high crime rates, extensive urban blight – and, it would seem, a problem marketing itself to potential visitors.
But Detroit is one hard city to knock out. (It is the home of Joe Louis, after all.) From the Model T to Kid Rock, the Motor City has contributed enormously to the manufacturing, musical, and cultural life of our nation, giving it an enduring appeal. The only northern city to have hosted two Super Bowls, Detroit plays … Continue Reading
Today’s marketing and advertising landscape may be more laden with legal tripwires, regulatory mines, sharp corners, and dead ends than ever before. Technology is definitely evolving in real time, new laws are creating a tangled web of regulation, and consumers are savvier and more in control than ever.
Fortunately, the 36th Annual BAA / PMA Marketing Law Conference – themed Navigating the Marketing Law Maze – is here to help you find that elusive piece of cheese at the end. Taking place November 5 – 7, 2014 at the Windy City’s Downtown Chicago Marriott, the conference is built for inside and outside counsel, marketing executives and the increasingly eclectic mix of professionals caught at the crowded intersection of compliance and … Continue Reading