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…)

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…)

Order to Show Cause to Provide Feedback on This Blog

—————————————————————–

In re the Application of

ROB LAPLACA,
d/b/a www.YouMightBeaWinner.com:

Petitioner

—————————————————————–

SUPERIOR COURT OF
THE BLOGOSPHERE 

JUDICIAL DISTRICT OF
LEGAL BLOGS

ORDER TO SHOW CAUSE TO
PROVIDE FEEDBACK ON THIS BLOG  

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…)

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…)

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…)

Is a Gangsta A Gangster?: Does the Judges’ Discretion put Contestants in Jeopardy?

We’re starting off the year packing heat.  On New Year’s Day, the Jeopardy judges exercised their discretion to bump off a contestant who thought he was in the pink.

Answer (it’s Jeopardy): “A song by Coolio from ‘Dangerous Minds’ goes back in time to become a 1667 John Milton Classic.”
Response: “What is Gangster’s Paradise Lost.”
Alex: Correct.
Judges: Nope, incorrect – The correct answer is “Gangsta’s Paradise Lost.”

According to the Jeopardy website, the decision was made because “It turns out that ‘gangsta’ and ‘gangster’ are both listed in the Oxford English Dictionary, each with its own unique definition.” (more…)