Darren S. Cahr is a partner of the Intellectual Property Practice Group and chair of the Firm's Advertising and Promotions practice. Darren counsels clients on trademarks, social media, product design, copyrights, parallel imports, advertising and promotion law.
Darren has litigated and tried intellectual property and unfair competition cases in courts around the nation, and has led challenges before administrative agencies, arbitration forums and self-regulatory bodies. Darren also conducts internal investigations regarding misappropriation of proprietary rights, develops IP enforcement strategies, creates branding policies, reviews advertising for compliance with regulatory standards and crafts promotion tactics. In short, Darren’s practice is directed to assisting clients in better understanding the value of their intangible assets, and building strategies for protecting those assets and capitalizing on their value.
When people talk about data privacy, or data collection, or tracking technology, or analytics, or click farms, or bots, or data brokers, or geolocation, or mobile apps, or social media, or influencers, in the end what they’re really talking about is digital advertising. Yet while we may feel comfortable using the phrase to broadly describe any online marketing efforts, the purpose of digital advertising is quite different from the goal of a 30 second radio spot, and shares little with its Mad Men-era ancestors beyond the name.
But today, faced with a variety of new laws and regulations designed to protect consumer privacy, lawyers and their clients are obliged to take a much deeper and more nuanced dive into modern methods of digital advertising. And many are surprised at what they find.
The ability of any individual, without access to sophisticated technology, to decipher the “authenticity” of any experience is diminishing daily. Moreover, this threat to the integrity of the law goes beyond digital impersonation and “deep fake” software driven by artificial intelligence. The famous Marx Brothers line, “Who ya gonna believe, me or your own eyes?” was once funny because it was ridiculous. Soon, it will be a description of our jobs and our lives.
As we mentioned last month in our kickoff post on this topic, we are excited to dive deeper into the world of sweepstakes and promotions law. This post explores several key elements to keep in mind when formulating the official rules and abbreviated rules for a promotion.
The main goal of the official rules in any promotion is two-fold: (a) to inform participants and the public regarding the details of the promotion, and (b) to comply with a series of federal and state laws and regulations. Both of these goals are critical – no company wants to face either disgruntled participants or angry regulators.
The rules must be in place and finalized before the promotion begins. If you are running a U.S.-based sweepstakes with a total prize value of over $5,000, you may also be required to register and bond the promotion with various state agencies up to thirty days before the promotion begins. Registration will require you to submit a copy of the promotion rules, so keep in mind that in those cases, the rules must be finalized at least thirty days before the beginning of the promotion. That means the clock is ticking! Depending on the type of promotion, other state laws and regulations may also be implicated, so be sure to check well before the beginning of the promotion. Continue reading →
As we proudly admit on this blog’s “About Us” page, we’re passionate about all things brand related – and what better way to promote your brand than by running a sweepstakes or contest? At a time when we are seeing the “gamification” of every part of our lives, it should come as no surprise to see that many brands now include prizes and rewards as a significant component of their consumer outreach. Where once upon a time this was a niche explored by only a handful of large companies or fly-by-night operators, today, prize promotions are seen by many of our clients as among their most effective forms of advertising.
The concept is wonderfully simple: in a prize promotion, someone enters the promotion, and someone wins a prize. Yet this basic formulation encompasses a nearly endless number of variations, including sweepstakes, contests, games, trade promotions, sales incentives and viral engagement. Some of these variants are legal; some are not. And because we have been so passionate about sweepstakes and contests for so long, we’ve decided to explain the basics in a helpful, multi-post series on the topic. There’s a lot of nuance, and it would be impossible to cover it all in one place, but we think that once we’re done you’ll be as excited about this area of the law as we are. Continue reading →
It is quite literally the largest gathering of IP lawyers to be found anywhere, and for more than a century this meeting has served as a remarkable assemblage of thought leaders, talented practitioners, and representatives from the biggest and most important companies on the planet. After several days of meetings where we network and discuss the hottest topics in branding, we have all come away with deep thoughts about where the law and practice of trademarks is heading in the years to come.
This year, some key trends we identified from the front lines provide a glimpse of a new path for trademark law, brand managers and trademark lawyers: