United States: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.
Article
Covering All The Bases: A Look At MLB’s Trademarks
Major League Baseball's All-Star Game logos and branding represent a sophisticated trademark strategy that extends far beyond the field. From specially designed annual logos featuring location-specific graphics to protected acronyms and classic baseball phrases, MLB demonstrates how comprehensive intellectual property protection creates valuable assets across merchandise, broadcasting, and brand identity.
United States IP
LD
Lerner David
Article
Seventh Circuit Holds Text Messages Aren't "Calls" Under The TCPA's Do Not Call Provision
The Seventh Circuit has issued a landmark ruling that a text message does not constitute a "telephone call" under the TCPA's Do Not Call provision, marking the first federal appeals court to squarely address this question in the post-Hobbs Act deference era. While this decision provides meaningful relief for SMS marketers in certain jurisdictions, its scope is carefully limited and leaves the TCPA's consent-based provisions fully intact. The decision signals a broader shift in how courts will interpret deca
United States Media & IT
FK
Frankfurt Kurnit Klein & Selz
Article
Washington’s CEMA Amendment Is Live, But Email Subject Line Litigation Is Not Over
Washington state's amended Commercial Electronic Mail Act introduces a knowledge requirement for misleading subject line claims and reduces statutory damages, but retailers and consumer-facing businesses still face significant litigation risk. The amendment changes how plaintiffs must prove violations while leaving intact the broader framework that has made CEMA an attractive vehicle for class action lawsuits targeting email marketing practices.
United States Consumer
SR
McDermott Will & Schulte
Article
FTC Settlement Highlights Risks Of Deceptive AI Marketing Claims
The Federal Trade Commission has charged three companies with deceiving small business customers by marketing an AI-powered "Active Listening" service that claimed to eavesdrop on consumers' conversations through smart devices to serve targeted ads. The FTC alleges the service was nothing more than ordinary email list buying dressed up in surveillance-themed marketing language, raising critical questions about AI washing and consumer consent in digital advertising.
United States Consumer
GA
Global Advertising Lawyers Alliance (GALA)
Article
Made In The USA? Prove It: FTC Marks America's 250th With Crack Down On Domestic Origin Claims
The Federal Trade Commission has intensified enforcement of "Made in USA" claims, issuing warning letters in July 2026 to companies making unsubstantiated domestic origin claims and pursuing legal action against manufacturers across multiple industries. This enforcement sweep raises critical questions about supply chain transparency, the adequacy of final assembly as proof of domestic origin, and the scope of claims subject to FTC scrutiny, including social media hashtags.
United States Consumer
CM
Crowell & Moring LLP
Article
FTC Sends Warning Letters Regarding “Made In USA” Advertising Compliance, Indicates A High Enforcement Priority
The Federal Trade Commission has intensified its enforcement of "Made in the USA" advertising standards, issuing warning letters to seven companies in July 2026 for allegedly making questionable U.S. origin claims about imported products. This latest action follows a series of FTC enforcement activities, settlements, and a presidential executive order directing the agency to prioritize prosecution of unlawful Made in USA claims, signaling that MUSA compliance remains a critical focus for businesses marketin
United States Consumer
WR
Wiley Rein
Article
Personal Branding For Networking
What makes you stand out professionally, and how can you communicate that effectively? Personal branding is about strategically crafting your professional reputation so people understand who you are, what you do, and why they should remember you. This guide explores how to define your unique story, create valuable content, leverage social media platforms like LinkedIn, and build authentic connections that grow your network naturally.
United States Media & IT
GGI Global Alliance
Article
NIL Rights In The Age Of AI Deepfakes
Artificial intelligence has made it possible to create convincing videos of athletes endorsing products without their knowledge or consent, fundamentally challenging what name, image and likeness (NIL) rights mean in practice. As deepfakes become more sophisticated and widespread, existing legal protections designed to give athletes and public figures control over their identities are proving inadequate against unauthorized commercial exploitation and reputational harm. This emerging threat requires busines
United States IP
DS
Dinsmore & Shohl
Article
AI Restrictions In Political Ads: What To Know About “Deepfake” Disclaimers And Bans
As artificial intelligence rapidly advances its ability to create realistic deepfakes of political figures, a complex patchwork of state laws has emerged to regulate their use in campaign advertising. Organizations seeking to leverage AI-generated content in political messaging must navigate over 30 different state regulatory frameworks, each with distinct requirements for disclaimers, prohibitions, and enforcement mechanisms that could expose them to penalties ranging from fines to felony charges.
United States Media & IT
WR
Wiley Rein
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