Advertising

Wieneke’s Law of Advertising: Death and Soft Drinks Don’t Mix

March 25th 2009

Though traffic accidents still rivet the attention of passers-by, most companys wouldn’t want to sponsor the carnage. Its bad for brand. That’s the basis of Wieneke’s First Law of Advertising: “Avoid associating your brand with death or terrible harm.” This seems like obvious advice, but during just the first quarter of the most recent Super […]

Are Ads for “Fake” Complaint Sites False Advertising?

January 7th 2009

The Consumer Law & Policy Blog describes a case of arguably false advertising, in which a “face lift” firm paid for keywords relevant to people complaining about their trademarked service, but connected them to a site singing its praises. Their apparent intent was to draw those seeking information for detractors to a forum which only […]

JC Penney Breakfast Club Ad Update

August 8th 2008

My interest in JC Penney’s Breakfast Club ad grew from a question one of our readers, Eli, emailed in. He wanted to know if Penney’s had licensed the use of the Breakfast Club scenes they re-enacted in the advertisement. There certainly seemed to be a copyright issue in play. Kate Parkhouse, who manages the brand’s […]

Failed Brands Try to Look Like the Cool Kids: Is This Infringement?

August 7th 2008

Both Joe Camel and JC Penney have tried to reverse their fortunes by attempting to look like other brands that have seen greater success in recent years. But there’s a gossamer-thin line between imitation, homage and infringement. Few cartoon mascots are more hated than Joe Camel, who Reason online named the “most vilified cartoon character in history.” (This […]

That Billboard is Watching You, and Customizing its Ad

June 6th 2008

Israeli surveillance software is being used on US billboards to gauge who is looking at an advertisement and customize its content. The billboards provide analytics on the number of ad viewers, the duration of views, and (perhaps most worrying) viewer demographics.

ISP Charter Communications Spies on Customers for Profit

May 21st 2008

ISP Charter Communications is about to start spying on its customers surfing habits in order to build profiles for advertisers. Charter is partnering with a company called NebuAd, which provides the packet-sniffing technology that knows which websites you’re visiting. And though Charter claims its customers can opt out, a review of NebuAd’s patent indicates otherwise. […]

Why is TechCrunch Suing Facebook for $25M?

April 1st 2008

Back in November, I wrote about Facebook facing a huge privacy slapdown over social advertising.  Michael Arrington, founder and co-editor of TechCrunch, is obliging us by attempting just such an action — and, as in professional wrestling, for him it’s all about the timing. In his excellent public explanation, Mr. Arrington cites a California law which […]

Comcast Experiments with Home Spying

March 26th 2008

The cable company Comcast is experimenting with a new cable set-top box that uses a camera and recognition techniques to see who is in the room, bring up their “viewer profile,” and tailor ads to them. Although Winston Smith would shudder, the Department of Homeland Security is probably giddy with excitement. Gerard Kunkel, Senior VP […]

Google Files for Dismissal of American Airlines Adwords Trademark Suit

October 14th 2007

Google’s motion is an attempt to scrape away the assorted claims made by American before any stick legally or in public opinion. This article summarizes the complaint, the response, and presents perspectives which may be useful in considering this case.