The NFL’s SUPER BOWL Will Be Held on SUPER SUNDAY

By John Ottaviani A sports report on the local radio station broadcast this morning reminded me that we are in our annual period where the NFL causes all broadcasters to step “through the looking glass” and act in accordance with…

Anti-Marketing Laws and the Commercial Speech Doctrine

By Eric Goldman Prompted by the Supreme Court’s denial of cert in the White Buffalo case, Chris Hoofnagle of EPIC posted a nice rundown of some recent cases where anti-marketing laws survived a First Amendment challenge. He calls the 1999…

Regulating Marketing Delivery Presentation

I’ve given yet another presentation of my paper on regulating marketing. You can check out my outline of the talk. This outline is pretty close to the current working draft of the paper, so I would gratefully welcome any comments….

Tattoo Advertising/Human Billboards

By Eric Goldman One of my contracts final exam questions last semester involved a person who sold tattoo rights to an advertiser. This prompted me to do a little research, and it turns out this phenomenon isn’t all that new….

The FTC, Adware Advertising and Badges of Shame

By Eric Goldman New FTC Commissioner Jon Leibowitz has embraced one of the favorite causes of the anti-adware grumblers: dry up adware funding by making adware advertisers feel some pain. According to AdAge, he recently said that the FTC might…

Wikipedia Will Fail Within 5 Years

By Eric Goldman Over the weekend I had dinner with Mike Godwin, one of the most significant influencers of the development of Cyberlaw and a longtime friend. Mike and I were discussing Wikipedia, the community-edited and -maintained encyclopedia. I like…

New Metatag/SEO Lawsuit–Salu, Inc. v. Pitts

By Eric Goldman Salu, Inc. v. Pitts (E.D. Ca. complaint filed Nov. 17, 2005). Introduction Salu operates skinstore.com, a website that sells skin care products. (With that name, I was totally expecting to find a porn site, but the website…

Microsoft Will Be an Adware Vendor

By Eric Goldman Microsoft is considering migrating some of its software titles to an ad-supported model instead of a consumer licensing fee model. This isn’t exactly a new idea–this development has been anticipated for at least a decade. However, if…

Product Placement and the Apprentice TV Show

By Eric Goldman I’ve always been confused by the fuss over product placements. I know people generally don’t like advertisements, and I also know that people want to be told when something is an “advertisement.” But product placement occurs in…

Latest Junk Fax Lawsuit–Adler v. Vision Lab Telecommunications

By Eric Goldman Adler v. Vision Lab Telecommunications, Inc., 2005 WL 2621984 (D.D.C. Oct. 17, 2005). I’ve set up a Westlaw alert to notify me of new TCPA cases and I’m pretty shocked by the volume of cases being reported…