Posts by: Robert Laplaca

New New York Federal Court Ruling Not in Bed with Ninth Circuit on Embedding Issue

Alert to Businesses Who Link or Embed Copyrighted Content on their Website or Social Media

Embedding or “on-line linking” has been considered an accepted method of posting others’ copyrighted material.  Get the content directly from the third-party server, skip putting it on your server, and all’s good.  In fact, in 2007, the Ninth Circuit Court of Appeals seemed to have provided a blessing for this practice.  But Caveat Webitor.  Online publishers (and conceivably everyone else who posts content on social media) cannot feel so comfortable with this position. (more…)

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Are We Saying Goodbye to the Beer Babe?

The #MeToo movement has produced constant headlines and has helped positively change corporate culture. Is it possible for its breadth to include beer ads? Sexist beer ads have traditionally been the norm. Give a scantily clad gal a beer bottle, have her hold it to the camera, give a seductive wink, and voilà, you’ve created a beer ad. You may laugh but take a look at the Miller “Service With a Smile” ad depicting a girl in a bathing suit working under a car.  Or the Schlitz ad featuring a Playboy Playmate and its new “Tall Boy” can with the line, “Here’s to Big Cans!” Or perhaps the raunchiest ever, the Falstaff Beer ad with a pic of the can next to the girl, “Beer v. Girl. At least the beer cannot change its mind once you get its top off.” (more…)

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What Do You Need to Know about Commercial Co-Ventures?

Join me this Friday, February 16, from 1:00 to 2:30pm to learn the specific legal issues that are arising within commercial co-venture campaigns. With many companies today engaged in cause marketing, including commercial co-ventures in which a portion of their sales are donated to charity, it is important to know what cause marketing constitutes a commercial co-venture, how to comply with nationwide state laws, and how to identify and navigate specific legal issues that arise when contemplating a commercial co-venture campaign and their solutions. The webinar will also explore the charities’ obligations when involved in commercial co-ventures. (more…)

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Order to Show Cause to Provide Feedback on This Blog


In re the Application of







WHEREAS, this blog (the “Blog”) started in 2016 and has had (surprisingly) a good number of readers (the “Readership”).  Big companies and small companies.  Large law firms and solo practitioners.  Bar Associations and even Offices of Attorneys General (yikes); (more…)

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The 2018 Most Interesting Super Contests for the Super Bowl

The noted football lover, Karl Lagerfeld, once said, “Clear thinking at the wrong moment can stifle creativity.”  (This coming from a man who has dressed in the same outfit for 50 years.)  This year, the marketers have thrown away the playbooks, sidestepped clear thinking and used Bill Belichik-like creativity to come up with some fun promotional contests for Super Bowl Sunday:

Get Your Hands Off My Car. Not since the days of Otto Graham have kids flocked around a car with their hands firmly planted hoping to make it into overtime and win that precious hotrod. Mercedes-Benz has updated this contest for the 21st century. (more…)

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A Post Guaranteed to Give a Lesson on Money Back Guarantees (or Your Money Back)

Ever hear of the “Trial Mark”?  In 1869, for his home brewed medicinal products J.R. Watkins created bottles that included an embossed “Trial Mark.”

Mr. Watkins sold his products door-to-door and offered the first Money Back Guarantee to consumers, provided their use of the product did not extend beyond the “Trial Mark.” – Ingenious!

One hundred and fifty years later, money back guarantees are a trillion (with a T) dollar business in the U.S.  With that comes about a 10 billion (with a B) dollar loss for businesses. (more…)

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