Advertisers delight in activating values and hidden desires of consumers using the language of the advertising claim. The “claim” is the part of an ad that makes some claim of superiority for the product being advertised. These days it is difficult to recognize those that are misleading and even downright lies, because most fit into
Adler Law Group
Founded in 1997, Adler Law Group offers legal services for corporate entities in computing, information technology and telecommunications fields. Based in Chicago, Illinois, David M. Adler, Esq., the principal attorney, is the driving force behind the Firm's Technology Practice Group. The law firm is focused on helping and advising corporations through contract interpretation, drafting, negotiation, and enforcement and intellectual property law.
Ping® By Adlerlaw – The Importance of Trademarks for Lighting Designers.
A recent Trademark Trial and Appeal Board (TTAB) decision is noteworthy for the lighting-design industry. This trademark application rejection sheds light on strategies for lighting designers seeking to protect their trademarks. This begins with the approach to the application process itself.
In In re B-K Lighting, Inc., Serial No. 88769422 (January 27, 2023) [not precedential], the…
Ping® By Adlerlaw – Illinois Evidence Rules on Admissibility of Cell Phone Video
This month’s issue of Ping® highlights Illinois rules regarding use of iPhone-recorded video in a criminal trial. In case you missed it, my article, “Six Things You Can Do to Improve Your Contracts,” from ASID Impact Illinois Magazine, Issue Two, 2022, is discussed below.
Six Things You Can Do to Improve Your Contracts.
In case…
Ping® by AdlerLaw – Important Reasons To Register Your Copyright
Copyright law protects the expression not the idea.
Many writers worry about “idea theft,” using it as the reason they don’t tell people about their projects, won’t publicaly post their loglines, or won’t apply for contests and fellowships. But the fact is, copyright law only protects the expression of an idea, not the idea itself. Lots…
Ping® by AdlerLaw Nov. 2022 – Fair Use, Trademarks & Cybersecurity
November 2022
Check out the November 2022 issue of Ping® by AdlerLaw. This issue looks at emerging Copyright & Fair Use issues, tools for protecting Trademarks and cybersecurity best practices. Read More Here Read more here: https://www.conta.cc/3ElC7MH
Ping® by AdlerLaw – Structuring Interior Design Purchasing Fees
I originally intended to call this article Challenges For Structuring Interior Design Purchasing Fees and Mark-ups, but felt that might be too alarmist.
Nevertheless, Interior Designers often find it challenging to craft the best structure and find the right way to charge clients for interior design services, as well as related services like purchasing and…
Ping® by AdlerLaw A Note On Protecting Descriptive Words
When a party seeks to protect a mark that is unregistered, the plaintiff has the burden to establish its entitlement to protection under the Lanham Act due to the “distinctiveness” of the mark. Platinum Home Mortg. Corp. v. Platinum Fin. Grp., Inc., 149 F.3d 722, 727 (7th Cir. 1998).
“The first step in determining whether…
Ping® by AdlerLaw July 2022 – Recent State Laws in Illinois & New York Affect Contractors, Interior Designers
This month’s issue of Ping® highlights recent changes in State laws in Illinois and New York. Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including,…
Ping® June 2022 – FTC Updates Endorsement Guides 2022 Part I
The Federal Trade Commission (“FTC”) approved a request for public comment related to updating its Guides Concerning the Use of Endorsements and Testimonials in Advertising. These are better known as the “Endorsement Guides” or just the “Guides.” The current version of the Guides can be found at 16 CFR part 255. These updates were…
Ping® May 2022 – Improving Affiliate Engagement
Affiliate Marketers: Want to learn best practices, strategies, and tactics from a seasoned legal professional who works with businesses and regulators at the federal and state levels?
David Adler takes clients through the ins-and-outs of providing advertisers, merchants, agencies and affiliates the tools they need for running a trustworthy and successful business.
On May 25,…