Category Archives: Interactive Marketing

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“Deepfake” Technology: Very Real Marketing Value … and Risks

As COVID-19 lockdowns continue to restrict in-person production, advertisers are increasingly turning to digital technologies to produce new creative assets. Recently, there has been increased interest in using “deepfake” technologies to repurpose archival footage.  A “deepfake” is essentially a video or audio that has been manipulated in a way that is undetectable to people viewing … Continue Reading

Beacons at Retail – So What?

Beacons have been around for years in online and mobile media channels, but they now seem poised to dramatically impact brick-and-mortar businesses. A growing list of major companies are currently vying to bring Bluetooth-enabled beacon hardware and/or software to brick-and-mortar businesses and the customers they serve.… Continue Reading

Second Life Raises Novel IP Issues

The adult entertainment industry is responsible for bringing many of the seminal cases that have shaped intellectual property law on the Internet, from Playboy Enterprises Inc. giving rise to the "initial interest confusion" test for trademark infringement, to Perfect 10 shaping the contours of search engine liability. And now a company named Eros LLC is … Continue Reading

When Copyright and Trademark Infringement Goes Online

Can search engines and credit card companies be secondarily liable? Two recent Ninth Circuit decisions regarding Perfect 10, Inc., a Web site that markets copyrighted images of nude models, lay bare the issues facing plaintiffs asserting third-party copyright and trademark claims, and highlight differences between how the Ninth and Second Circuits might decide these claims. … Continue Reading

User Generated Content Promotions: Are You As Safe As You Think You Are?

Introduction User generated content (“UGC”) is the interactive marketing and promotion industry’s fixation du jour.  And for good reason – UGC is being monetized on the Internet in various ways, from building multi-billion dollar valuations for social networking sites to driving consumer awareness of and enthusiasm for such products as Mentos candy and the next … Continue Reading

A New Roll of the Dice

David Carruthers, a resident of Costa Rica and England, was taken into custody this past July during a flight layover in Texas. His alleged crime? Being the CEO of BetonSports PLC, which operates, an online gambling Web site based out of Costa Rica and Antigua. For that offense, a federal grand jury returned a … Continue Reading

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