Tag: LLP

Advertising & Marketing

Recap: 2023 ANA Annual Advertising and Marketing Law Conference | Faegre Drinker Biddle & Reath LLP

If artificial intelligence is so great, why can’t it reliably predict the weather?

The weekend has just closed on another very rainy Floridian ANA Masters of Advertising Law Conference (Last year we had a hurricane, so this would qualify as an uninspiring upgrade). The Masters Conference is the largest advertising, marketing and promotion law conference in the nation, bringing together major brands, storied advertising agencies, and prominent regulators to discuss cutting-edge topics impacting the industry. Each year – not by design but by happenstance – a different theme is featured. This year, to no one’s surprise, the focus was on AI.

While not every session discussed AI in depth, most speakers devoted some time to the subject throughout the 3-day event.  Panelists confronted questions like: does algorithmic bias, increasingly employed in various industries, constitute an unfair trade practice?  How will regulators view advertising claims based on next gen tech?  What copyright traps exist for the unwary utilizing AI to generate advertising content?  Are US and international privacy laws evolving fast enough to keep up with new challenges posed by AI?  And while it had nearly zero to do with AI, the conference would have felt incomplete without a discussion of what drag queens can teach advertising lawyers about intellectual property protection.  Many learned more about Cardi B’s album covers during that session than they could have imagined in their wildest dreams.

There is no doubt that AI will affect the advertising and marketing landscape for years to come.  Like the metaverse (last year’s theme) and crypto assets (the year before that), these issues are not new.  But despite AI having been around for some time, the leaps forward that generative AI applications have made this year appear poised to significantly transform the landscape of advertising content creation and delivery.  President

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Advertising & Marketing

Ontario Proposes Ban on Using Athletes and Celebrities in iGaming Advertising | Bennett Jones LLP

Key Takeaways

  • AGCO proposes banning the use of athletes and celebrities from internet gambling advertising and marketing in Ontario.
  • Comments can be submitted to AGCO until May 8, 2023.
  • New rules would be implemented three months after being finalized.
  • Operators and suppliers should consider the implications of the proposed ban on their existing marketing strategies.

The Alcohol and Gaming Commission of Ontario (AGCO) is proposing to prohibit the use of athletes and celebrities from internet gambling advertising and marketing in Ontario. The AGCO says the goal is to further minimize potential harm to youth and children.

The announcement was made on April 13, 2023. The AGCO said it had, “identified advertising and marketing approaches that strongly appeal to persons who are under the legal gaming age through the use of celebrities and/or athletes.”

The proposed amended standard will:

  1. create an obligation for operators and suppliers to cease any advertising and marketing activities that use athletes, whether active or retired, in gaming marketing and advertising; and,
  2. prohibit the use of cartoon figures, symbols, role models, social media influencers, celebrities or entertainers who are reasonably expected to appeal to minors. This proposed amendment differs from the current standard, which is applicable to persons that “primarily appeal” to minors. Advertising remains a permitted activity, provided other standards are met.

Stakeholders can provide comments on the proposed changes until May 8, 2023 through the AGCO’s engagement portal. Operators and suppliers would have three months to comply with the final standard—it would take effect three months following its publication on the AGCO website.

Ontario’s iGaming market was launched on April 4, 2022—see our previous blog, Advertising and Marketing in Ontario’s New iGaming Market: Update for Private Operators, for more details. From the outset, the AGCO said it would assess and update the regulatory

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