December 4, 2012
Partner Gonzalo E. Mon was quoted in the Bloomberg BNA Social Media Law & Policy Report article, "Court Dismisses Myspace Contest Entrant's Suit Against McDonald's Over Filet-O-Fish Ad." The suit referenced is one in which a contestant submitted an entry to McDonalds' "Big Mac Chant-Off Contest" and then accused the company of copying his submission for a commercial. The U.S. District Court for the District of Massachusetts dismissed the lawsuit.
Mr. Mon told BNA that while a company cannot eliminate the legal risks associated with running a social media promotion, there are ways to minimize problems. He suggested that companies request entrants provide them with a license of any submission, adding that a best practice would be to have a pop-up box specifically requesting an entrant provide approval for the license. However, Mr. Mon said that it can be helpful for a company "to have a little bit of distance" because it is always possible an entrant will submit infringing content or otherwise problematic materials. Mr. Mon also added that his clients have found that the benefits of social media promotions "far outweigh the risks."