Rules for Internet advertising, marketing

The Internet is connecting workers, markets, advertisers and contractors from all around the world. Personally, I am on Skype, Twitter, LinkedIn and Facebook nearly every day visiting with clients and friends worldwide. What I find most interesting is the increase in microtargeted electronic advertising by both domestic and international organizations. As you can imagine, a fresh set of legal issues comes with this electronic globalization.

With respect to advertising on the Internet, keep in mind that many of the same rules that apply to non-Internet ads

also apply to Internet ads. So, “unfair or deceptive acts or practices” are still prohibited. Also, if you have an Internet advertisement that makes an express or implied claim that may be misleading without certain qualifying

information, you must disclose that qualifying information. These disclosures must be presented “clearly and conspicuously.” Here is a summary of best practices to consider when evaluating whether your disclosure is clear

and conspicuous:

• When making a disclosure, place the disclosure near the triggering claim.

• Always prominently display disclosures so they are noticeable to consumers. Use the same type, color and

graphic treatment for the disclosure as used for the claim.

• Make sure that text, graphics, sounds, hyperlinks, etc., don’t distract the consumers’ attention from


• Make sure to repeat disclosures on lengthy websites (sometimes, consumers enter Websites via links other

than the home page).

• When using audio disclosures, present them at a volume and in a cadence that consumers can hear and

understand. Also, visual disclosures should appear for a duration sufficient for consumers to notice, read

and understand the disclosures.

Shawn M. Lindsay can be reached at 503-778-2124 or at

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC - Intellectual Property Law Blog | Attorney Advertising

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