Category: Uncategorized

Dilly! Dilly! Is Giving Away Free Beer so Silly?

Every beer drinking football fan in Cleveland knows by now that there will be magic beer fridges stationed throughout Cleveland that will miraculously open to produce bottles of free Bud Light if the football gods see fit to allow the Browns to win a football game this year.

At first glance, I pictured the regulatory referees throwing yellow flags across the field decreeing a penalty for violating beer promotion laws. But as a curious promotions lawyer, I thought it was worth a little investigation into trying to find out how a stunt akin to the Fumblerooski can be successfully pulled off. (more…)

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Recent Settlement Highlights Charity’s Duties in Commercial Co-Ventures

Recently, an Agreed Final Judgment was entered in Tennessee state court following an action by the Tennessee Attorney General (in conjunction with the AGs of 16 other states) against a TN charity concerning issues raised over a commercial co-venture program involving donations for teddy bears purchased to provide care packages to servicemembers. (more…)

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Mayor McCheese Catches the Hamburglar (A Look at the Instant Win Games Scams)

You’re offered a $1 million game piece for $40,000 dollars.  What do you do?  As you might expect, this may be an offer you can’t refuse.

A recent and very comprehensive article in the Daily Beast, provides an in-depth look at how the history of McDonald’s Monopoly Game has involved McStings, mobsters and molls.  I will not go as in-depth, since I am confined to the fate of the billable hour, but the article raises a number of interesting points concerning the efforts scammers will take to cash in on that golden ticket, including, like our protagonist here, selling it to a purported Colombo crime family member, who, according to the article, looked like Al Capone and was obsessed with The Godfather(more…)

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Pandamonium Over a Promotion: What to do When Your Promotion is Too Popular

Over the years there have been a number of promotions that just exploded beyond a brand’s expectations.  In 2009, Oprah decided to treat the whole Internet to two pieces of KFC’s new Kentucky Grilled Chicken by promoting a coupon redeemable at participating restaurants.  Lines snaked out the doors and cars lines up at drive-thru windows.  Some customers waited two hours for their chicken and some were turned away with only coupons.

Not to be outdone, on July 12, Build-A-Bear ran a one-day sale where customers could get a stuffed bear for the price of their child’s age.  As POPPA BEAR said to MAMA BEAR, if we truly love our BABY BEAR that is a deal we just can’t BEAR to miss.  Build-A-Bear could not just grin and BEAR it when the lines got unBEARable.  So Build-A-Bear published a notice on social media stating that it had to limit the number of people for safety concerns. (more…)

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IGTV – Instagram’s New YouTube

Online videos are powerful marketing tools. We’ve all been there when you watch one video on your phone and suddenly realize you’ve wasted hours watching clips of a dog skateboarding, a step-by-step tutorial on making a unicorn cake, and your favorite celebrity’s appearance on a talk show.  While video content remains popular on YouTube, Instagram users are only able to share one minute of video content with their followers – until now. (more…)

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Does That Avatar Really Like That Brand? The FTC Endorsement Guidelines in the New Age of Virtual Influencers

Meet Lil’ Miquela.

She has 1.2 million Instagram followers: She’s modeled such famous brands as Diesel, Versace, Fendi and Chanel.  In March, she appeared in a fashion spread in V Magazine as “The Face of New Age Logomania.”  Last month she talked her audience through the latest GIF sets from Prada in Milan. (more…)

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