Can Your Ad Agency Take Your Brand For A Joy Ride?

Law360, New York (July 19, 2013, 6:38 PM EDT) -- With the advertising awards season having recently passed, this is a useful time to consider "scam ads" and what, if anything, advertisers can do to prevent them. A "scam ad" (also known as a "fake ad" or "phantom ad"), loosely defined, is an advertisement, submitted by an agency to an awards show, that uses a real advertiser's brand name or product, but that is neither approved by, nor used by, the advertiser, such as spec work. In short, it is an agency's way to show off its creativity in a manner that was not actually approved by the advertiser and used in the marketplace. On occasion, such ads are created expressly for submission to awards shows, and run only once to qualify for entry....

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