March Madness: Nothing but Net for Trademark Infringement Claims

By |2019-03-15T09:21:49-05:00March 15th, 2019|Legal News|

Alternate Title: March Madness Trademarks: It’s March Spring and You Do Not Want to Make the NCAA Mad Angry at You As we have previously reported, the National Collegiate Athletic Association (NCAA) is very serious about taking action against anyone who may try to trade off the goodwill in its March Madness marks — even if...… Continue Reading

A Call to Regulate E-Cig Advertising – What is the FCC’s Role in Regulating Advertising For the Vices?

By |2019-02-20T08:54:01-06:00February 20th, 2019|Legal News|

In recent months, there have been many calls to regulate e-cigs, and potentially to regulate the marketing of all sorts of vaping products, including a call last week by an FCC Commissioner in an op-ed article in USA Today.  As we wrote several months ago, these suggestions have been based in the fear that increased...… Continue Reading

As Super Bowl Approaches, Advertisers Should Be Aware of The NFL’s Efforts to Protect Its Golden Goose – 2019 Update on Super Bowl Advertising and Promotions

By |2019-01-23T21:54:08-06:00January 23rd, 2019|Legal News|

For several years, we have posted guidelines about engaging in or accepting advertising or promotions that directly or indirectly allude to the Super Bowl without a license from the NFL. It’s that time of year again, so here is an updated version of our prior posts. The Super Bowl means big bucks. It is estimated...… Continue Reading

Beware of the Political File Obligations in this Hot Political Advertising Year

By |2018-10-01T10:47:28-05:00October 1st, 2018|Legal News|

In this “political” year with Congressional mid-term elections in November, including many hotly contested races for seats in the US House of Representatives and the Senate, as well as many state and local elections, I receive many questions from broadcasters across the country. Perhaps the area in which most questions are received deals with the...… Continue Reading

Advertising for E-Cigs – Concerns about Targeting Children

By |2018-09-13T10:07:41-05:00September 13th, 2018|Legal News|

E-cig advertising has been one of those areas where broadcasters and other media companies have been looking warily at the potential for regulatory intervention. So far, as we wrote here, the FDA has only required general disclosures that “e-cigs contain nicotine and that nicotine is an addictive chemical” – an obligation that took effect last month,...… Continue Reading

Broadcasting and Cable Political Window Begins September 7 For November Elections – A Refresher on the FCC’s Lowest Unit Charge Rules

By |2018-09-06T11:03:29-05:00September 6th, 2018|Legal News|

With the lowest unit charge window for the November elections going into effect tomorrow (September 7), we thought that it was a good idea to review the basics FCC rules and policies affecting those charges. With this election, where control of Congress may well be hotly contested and may result in competitive elections across the...… Continue Reading

More September Regulatory Dates – Effective Date of New Application Fees, Filing Deadline for TV Shared Services Agreements, Lowest Unit Rate For September Election and Reminder on Repacking Requirements

By |2018-08-28T07:48:02-05:00August 28th, 2018|Legal News|

Yesterday, we wrote about the regulatory dates coming up for broadcasters in September.  Even though that was an extensive list, we realized later that we left a few off.  So here are a few more issues to consider in September.  Plus, the FCC yesterday reminded repacked TV stations of all of the requirements for TV...… Continue Reading

A Presentation on Legal Issues for Podcasters – Who Owns What?

By |2018-08-03T07:56:30-05:00August 3rd, 2018|Legal News|

Last week, I spoke at Podcast Movement 2018 – a large conference of podcasters held in Philadelphia. My presentation, Legal Issues In Podcasting – What Broadcasters Need to Know, was part of the Broadcasters Meet Podcasters Track. The slides from my presentation are available here. In the presentation, I discussed copyright issues, including some of the...… Continue Reading

Google Announces Programmatic Buys of Audio Ads – Looking at Legal Issues with Programmatic Sales

By |2018-06-05T10:25:58-05:00June 5th, 2018|Legal News|

Last week, it was announced that Google through its DoubleClick platform, would be offering programmatic buying opportunities for advertisers looking to place audio ads into online streams. While that system is initially being rolled out among the big digital audio services, if it or other similar platforms are expanded more broadly, it could bring more...… Continue Reading

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