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Testify!

By Brent Lorentz on June 17, 2010
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No, I’m not referring to the Rage Against The Machine song. I’m talking about something much more exciting: commercial testimonials and endorsements! Have you ever watched commercials containing celebrity endorsements or customer testimonials and wondered where the line is for the things they say? For example, when you see an absolutely atrocious commercial for something called the Cookie Diet showcasing weight loss of over one-hundred pounds, do you ask, “How can they say that?”

Well, friends, for your informational pleasure (and for my semi-random rambling), I present you with the Federal Trade Commission’s Guides Concerning The Use Of Endorsements And Testimonials In Advertising. Once you get past the initially dry Purposes and Definitions section, the examples themselves are actually quite informative.

One of my favorite guides is the one found at section 255.1(c) – the requirement that an endorser of a product be an actual bona fide user of the product. Sounds simple enough, right? Well, who can forget, “Let’s just say, it works for me,” Rafael Palmeiro, who subsequently denied having the particular malady which would have required Viagra. Then there’s Jimmy Johnson’s bizarre marriage to ExtenZe. Really, Jimmy? “Go Long With ExtenZe, I Do?” Seems to me, certain celebrity endorsers might not be paying attention to rules or they’d be even less likely to run out and endorse some products.

I also like Example 6 under section 255.2(c), the hidden camera actors example. Take this Pizza Hut commercial here and compare it to some kids’ junior high parody here. Despite the fact that Pizza Hut appeared to be displaying actual customers (unless they were blatantly violating the rules) at least some potential consumers believed they were being duped. 

At the end of the day, even if you follow the rules, I don’t think endorsements and testimonials are a particularly effective means of advertisement. To me, paid advertisements always will feel less than honest. How do they feel to you?

Brent Lorentz

View my professional biography

Sitting here, composing a profile for a blog on creativity and the law, I can’t help but recognize the irony of my overwhelming writer’s block. But, here we go…Although I wish I could say my path to the law…

View my professional biography

Sitting here, composing a profile for a blog on creativity and the law, I can’t help but recognize the irony of my overwhelming writer’s block. But, here we go…Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. My gravitation towards intellectual property law, specifically, was probably less accidental, given the immeasurable impact of being a college student during the Napster® era. I’m the product of a modest, small-town Minnesota upbringing combined with some polish from a diverse educational background. I received my engineering degree from the University of North Dakota and then, on a whim, moved to North Carolina to attend law school at Duke University. The drastic temperature swing was certainly not the only difference between the two locales, and come to think about it, the only real similarity is probably the word “North.”

An engineer by training, I appreciate both quantitative and qualitative valuation. These two concepts collide head-on in IP law, creating what is, in my humble opinion, the most entertaining and exciting area of law. As we move towards an information-based economy, the laws which govern the incentivization, protection and distribution of information will only become more important.  I see IP law as the front line.

When I’m not focusing on the law, I can typically be found (WARNING: stereotype coming) on the golf course. I also enjoy skiing (downhill and water). Unfortunately, as is the case with most hobbies, my skill level has not yet caught up to my enthusiasm. Perhaps when I retire…

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  • Posted in:
    Communications, Media & Entertainment
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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