Last Sunday was “Music’s Biggest Night,” at least according to the National Academy of Recording Arts and Sciences (NARAS). I haven’t watched many Grammy Award shows, but the possibility of seeing Paul McCartney and Ringo Starr performing together was enough for me to tune in, at least for a few minutes. I wasn’t paying particularly
First Amendment
The Gold Medal Of Trademarks
– Anjali Shankar, Attorney –
It’s the season of great sporting events, with the Super Bowl and Olympics just around the corner, and with that comes a host of new advertising campaigns. Companies should beware of infringing on Super Bowl and Olympic trademarks, however. Both of these events have well-known trademarks that have extensive legal…
How Not to Share Halloween With Your Neighbors
With Halloween almost upon us, I thought I’d take time to definitively answer that most commonly asked Halloween question: To what circle of hell do the people who give apples and dental floss to trick-or-treaters go? That one’s easy — they go to Ptolomaea in the Ninth Circle, doomed to…
The Two Scourges of the News Media
– James E. Lukaszewski, ABC, APR, Fellow PRSA
If you’ve been interviewed by any news medium, if there’s a chance you’ll be interviewed any time soon, or you are likely to become the target of news media coverage or new media coverage, this discussion is for you.
The two scourges of the news media, primarily legacy media, newspapers, magazines, radio, television, and news blogs, are the abusive overuse of so-called “anonymous sources,” and the routine deceptions reporters use day-to-day.
For those of you who have been interviewed, this next quote will resonate powerfully with you. For those of you about to be interviewed, read it carefully. This scenario is in your future.
New York Times columnist Janet Malcolm, in a novel she wrote called “The Journalist and the Murderer,” in 1990 made this powerful and extraordinarily truthful analysis of how reporters behave:
“Every journalist who is not too stupid or too full of himself to notice what is going on knows that what he does is morally indefensible. He is a kind of confidence man, preying on people’s vanity, ignorance, or loneliness, gain¬ing their trust and betraying them without remorse… On reading the article or book in question, (the source) has to face the fact that the journalist – who seemed so friendly and sympathetic, so keen to understand him fully, so remarkably attuned to his vision of things – never had the slightest intention of collaborating with him on his story but always intended to write a story of his own. The disparity between what seems to be the intention of an interview as it is taking place and what it actually turns out to have been in aid of always comes as a shock to the subject.”
The ethics of deception is a topic specifically taught in journalism school. In Chapter 6 of the book “Doing Ethics in Journalism,” there is a strategic list that justifies a lie or deception by a journalist. Here are the rules for lying to you.
• When the information sought is of profound importance. It must be of vital public interest, such as revealing a “great system failure” at top levels, or it must prevent profound harm to individuals.
• When all other alternatives to obtaining this same information have been exhausted.
• When the journalists involved are willing to fully and openly disclose the nature of the deception and the reasons for it to those involved, and to the public… but a long time afterwards [my words].
• When individuals involved and their news organization apply excellence, through outstanding craftsmanship as well as the commitment of time and funding needed to fully pursue the story.
• When the harm prevented by the information revealed through deception outweighs any harm caused by the act of deception.
• When the journalists involved have conducted a meaningful, collaborative, and deliberative decision making process in which they weigh:
o The consequences (short and long-term) of the deception on those being deceived.
o The impact on journalistic credibility.
o The motivations for their actions.
o The deceptive act in relation to their editorial mission.
o The legal implications of the action.
o The consistency of their reasoning and their action.Continue Reading The Two Scourges of the News Media
The MPAA and the Midwives, and Other Cautionary Tales
As we all know, The Motion Picture Association of America (MPAA) has long taken an active role in the debate regarding the advantages and disadvantages of traditional midwifery and modern medical views regarding childbirth. That’s what Rosemary’s Baby was all about, right? Well, the MPAA filed an amicus brief yet again in a lawsuit between…
Do We Need Biometrics to Protect Our Personal Brands Online?
Debbie Laskey, MBA
By the time you read this post, hopefully the buzz surrounding Miley Cyrus and the Video Music Awards show will have evaporated into thin air. But there was another related story surrounding the event that generated a ton of buzz on Twitter.
On the day after the awards show, an editorial…
If You Want to Go Fast, You Don’t Have Time for Trademark Law.
If you’re not first, you’re last. Rick’s Cabaret was the first to open a restaurant with the name Ricky Bobby – but will Sony Pictures have the last laugh?
Let’s get the background first. In the movie Talladega Nights, Will Ferrell played Ricky Bobby, a successful race car driver who just “wants to go…
Calling All Gamers
As some of you may know, the most recent installment of the Call of Duty franchise is set to hit stores later this fall–November 5 to be exact.
As usual, it appears that they are continuing to up the ante, this time tapping Academy Award winning writer Stephen Gaghan for the story.
In lesser…
Distinguishing the Fictional From the Real: Names and Brands in Television and Movies
We have an interesting question to answer, leading us into the holiday weekend, during which I suspect a few movies will be watched by more than a few marketing types and trademark types:
“Is it trademark infringement if a fictional company or product in a movie or television drama bears the same name or brand
…
Prince, the DMCA, and Bullying
Minneapolis’ own hometown hero Prince Rogers Nelson, formerly and currently known simply as “Prince,” has been in the news quite often in 2013. It began with his surprise, limited ticket performances in January, which he followed up with a surprise concert to close out the SXSW festival in Austin, Texas. Prince has also made legal…

