Jessica S. Borowick

Latest Articles

It has taken a while, but the FCC has finally realized that the Children’s Television Act (CTA or “Kidvid” as it is called in the industry) is more than somewhat out of date: The media world is not what it was when the CTA was passed by Congress 28 years ago. According to the FCC, among the other changes brought on by the advent of the Digital Age, children are engaging in less “appointment viewing”…
Summer may just be heating up, but advertisers should already be thinking about and planning for the 2018 PyeongChang Winter Olympic Games because the “Rule 40” deadline is fast approaching. The opening ceremony of the PyeongChang Olympics isn’t until February 9th of next year, but advertisers that are not official Team USA sponsors but want to include Team USA members in campaigns that run during the PyeongChang Olympics must act by August 1, 2017. As…
Demand for Olympic merchandise in the United States is resurrected every 4 years by the fervor of the televised Games. Officially, authorized and licensed gear is readily available in stores and on the Internet; however, every iteration of the Games brings with it a flood of counterfeit Olympic goods as well. The broadcasting of this year’s Olympics in Rio de Janeiro has, as expected, beckoned all sorts of counterfeit Olympic items to the U.S. market.…
The next issue in our series of blog posts about the Olympics considers “Rule 40,” which can get both advertisers and athletes into trouble. We think Rule 40 deserves a gold medal for generating buzz in the advertising world, and a silver for generating confusion. Rule 40 restricts participants in the Olympic Games (i.e., competitors, coaches, trainers, and officials) from allowing their “person, name, picture or sports performances to be used for advertising during the…
With the opening ceremony for the Rio 2016 Olympic Games less than 1 month away, Olympic sponsors and non-sponsors alike are thinking about how they may be able to capitalize on the event’s popularity. Brands must, however, beware of using Olympic trademarks (as discussed in our previous blog post, Golden Rules: Wrestling with the Use of Trademarks), in large part, because of the relative ease with which Olympic rights-holders, such as the United…
As excitement builds for the 2016 Olympics and Paralympics in Rio, companies and organizations, big and small, will be tempted to use the “Games” or the “Olympics” to promote their products, services and agendas. But, they must beware of getting too caught up in the Olympic spirit. Although Olympic and Paralympic trademarks such as the interlocking rings, “Rio 2016,” and “Faster Higher Stronger” may be ubiquitous, especially this summer, an unauthorized use of such trademarks…
Huddled in front of a digital hearth on the third and final morning of the NAD Annual Conference, FTC Commissioner Terrell McSweeny participated in a cozy fireside chat about children’s marketing with ASRC President and CEO, C. Lee Peeler. The newest FTC Commissioner reported (or warned!) that she is closely following the evolution of marketing and advertising to children on social media and began her chat by touching on some of the same themes that…
FIFA, the International Federation Soccer Association which is in charge of awarding lucrative World Cup hosting rights and promoting soccer worldwide, has longstanding sponsorship relationships and contracts with some of the largest global corporations. FIFA is supported by hundreds of millions of sponsorship dollars; however, the organization’s sponsorship relationships are being challenged by recent events, and sponsors are making their displeasure with the organization known. The May 27 indictment of nine top FIFA officials by…
The California Attorney General recently launched an on-line form for businesses to report breaches of security. Effective January 1 of this year, any person or business who issues a breach notification to more than 500 California residents as a result of a single breach is required under the California breach law ((California Civil Code s. 1798.29(a) and California Civ. Code s. 1798.82(a)) to submit notice of the breach to the California Attorney General. The form…
On November 17th, just six weeks before the Red Flags Rule is slated for FTC enforcement, a bipartisan bill (H.R. 6420) seeking to limit the scope of the Red Flags Rule was introduced. The bill, entitled the “Red Flag Program Clarification Act of 2010,” seeks to amend the definition of “creditor” under the Fair Credit Reporting Act and, hopefully, finally put to rest the scope of coverage issue that has been the source of great controversy. The law establishing…