
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: October 9, 2013

Counsel
212-286-0747 dbrecher@sh-law.comDoes Grumpy Cat have more Twitter followers than your business? If so, maybe it’s time for an animal spokesperson. Remember Tony the Tiger, the Energizer Bunny (Ok, those weren’t real animals, albeit great “spokespersons”).
From GEICO gecko to the Budweiser Clydesdales, animals generally make for good advertising. Companies frequently use animals to pitch products and promote brands, having nothing to do with the animals themselves, because they appeal to all ages, sexes and ethnicities.
Animals can also generate an emotional response that humans can’t seem to replicate. Given that three in five Americans own pet, commercials featuring dogs and cats tend to strike an immediate connection with the consumer. Classic examples include Spuds McKenzie and Morris the Cat.
Of course, adding an animal to your marketing campaign does not guarantee success. Complaints over the use of animals in advertisements, particularly where there is any suggestion of possible mistreatment, are also fairly common. In 2012, Sketchers received harsh criticism overs its Super Bowl commercial that featured greyhound dog racing. Critics of the ad, which became the subject of a Change.org petition, highlighted that the track where the commercial was filmed had a long history of animal mistreatment and neglect.
Animals also come with additional liability risks. Companies must ensure that handlers or trainers comply with federal Animal Welfare Act, which establishes licensing requirements and guidelines for animal care. The American Humane Society has special guidelines for the use of animals in filmed media. Companies that follow these guidelines for the humane treatment of animals are permitted to carry the trademarked “No Animals Were Harmed”® end-credit disclaimer.
Finally, while an actor is unlikely to bite another member of the production team, a dog, lizard or horse just might. Therefore, companies must make sure that they have the proper policies and procedures in place to address the unique risks of “animal actors.” That’s one reason why you see so many non-live animal “actors” in today’s commercials, including the camel announcing that today is Hump Day.
If you have any questions about this post or would like to discuss the legal issues involved, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Author: George McGowan

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!