March Madness Trademarks:  Avoiding a Foul Call from the NCAA (2020 Update)(Part 2 – Even if the Tournament is Off)

By |2020-03-13T07:49:53-05:00March 13th, 2020|Legal News|

While the NCAA has called off March Madness, promotions may still be continuing, and we certainly hope that the tournament will be back again next year.  So we figured that, as this article was already written, we might as well publish it.  Yesterday, we wrote about the history of the NCAA’s assembling of the rights... Continue Reading…

March Madness Trademarks: Avoiding a Foul Call from the NCAA (2020 Update – Part 1)

By |2020-03-12T10:56:06-05:00March 12th, 2020|Legal News|

With the NCAA Basketball Tournament about to begin (though without an audience at the games), broadcasters, publishers and other businesses need to be wary about potential claims arising from their use of terms and logos associated with the tournament, including the well-known marks March Madness®, The Big Dance®, Final Four®, Women’s Final Four®, Elite Eight,®... Continue Reading…

The FDA Issues New Guidance on CBD – Still Leaving Many Questions for Broadcasters and Advertisers

By |2020-03-11T10:00:44-05:00March 11th, 2020|Legal News|

The FDA last week issued an update on its review of issues related to the sale and marketing of CBD products.  The guidance reiterates the kinds of warnings that we have given before (see, for instance, our articles here and here) about not advertising specific health benefits of CBD products as, except for two approved... Continue Reading…

Quick Thoughts on a Few Political Broadcasting Legal Issues to Survive the Primary Season

By |2020-02-05T11:25:04-06:00February 5th, 2020|Legal News|

One presidential caucus down, 49 (primaries and caucuses, plus a few more in the territories) to go in the next four months – with primaries for Congressional, state and local offices stretching out through August.  This presidential primary race has already seen unprecedented amounts of advertising on local stations, including through network advertising buys.  Based... Continue Reading…

February Regulatory Dates for Broadcasters—License Renewals, EEO Reporting, Rulemaking Comments, FM Auction Filing Deadline, Lowest Unit Rate Windows, and More

By |2020-01-23T10:12:07-06:00January 23rd, 2020|Legal News|

With the holiday season getting smaller in the rear-view mirror and many parts of the country dealing with ice, snow, and single-digit temperatures, broadcasters could be forgiven for dreaming about the sunshine and warmth that come with spring.  Before spring arrives, however, broadcasters need to tend to important regulatory matters in February.  And, if you... Continue Reading…

“Come See Us At The Superb Owl” – Don’t Try This At Home!  2020 Update on Super Bowl Advertising and Promotions

By |2020-01-21T21:51:52-06:00January 21st, 2020|Legal News|

For several years, I have posted guidelines about engaging in or accepting advertising or promotions that directly or indirectly reference the Super Bowl without a license from the NFL (see, e.g. our articles here and here).  It’s that time of year again, so here is an updated version of my prior posts. The Super Bowl... Continue Reading…

Lowest Unit Charge Windows Open in About 30 States and Territories – Reviewing A Broadcaster’s Political Advertising Obligations

By |2020-01-17T19:51:39-06:00January 17th, 2020|Legal News|

On January 18, the lowest unit charge window for Presidential primaries or caucuses begins in Super Tuesday states including Alabama, American Samoa (D), Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont, and Virginia.  The LUC window opened on January 15 for South Carolina’s Democratic primary and will open on January 23... Continue Reading…

Facebook Not Fact-Checking Candidate Ads – Looking at the Contrast Between Online Political Ads and Those Running on Broadcast and Cable

By |2020-01-13T11:02:42-06:00January 13th, 2020|Legal News|

This weekend, the New York Times ran an article seemingly critical of Facebook for not rejecting ads  from political candidates that contained false statements of fact.  We have already written that this policy of Facebook matches the policy that Congress has imposed on broadcast stations and local cable franchisees who sell time to political candidates... Continue Reading…

While You Were on Vacation….Looking at FCC Regulatory Actions over the Holidays and Deadlines for January

By |2020-01-06T10:45:49-06:00January 6th, 2020|Legal News|

While many of us were trying to enjoy the holidays, the world of regulation kept right on moving, seemingly never taking time off.  So we thought that we ought to highlight some of the actions taken by the FCC in the last couple weeks and to also remind you of some of the upcoming January... Continue Reading…

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