News & Analysis as of

Affiliate Marketers

Weintraub Tobin

The Briefing: Affiliate Marketing vs Retail Services - TTAB's Landmark Ruling

Weintraub Tobin on

Find out why Gabby's Table was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means for your business in this...more

Manatt, Phelps & Phillips, LLP

When Is a Sponsored Disclosure Insufficient to Disclose a Material Connection?

This InStyle social media post for Cariuma sneakers has the disclosure “Sponsored” in faint gray font under the publisher’s name. Was the post sponsored by InStyle or Cariuma? It is hard to tell....more

Barnea Jaffa Lande & Co.

New ISA Rules on Foreign Brokers’ Supervision of Marketers

As of February 10, 2024, new rules will apply to foreign entities that want to offer securities brokerage services via their marketers in Israel. The Israel Securities Authority promulgated these rules in December 2023, as...more

BCLP

‘Finfluencers’ beware - FCA consults on new social media financial promotions guidance

BCLP on

The FCA is continuing to crack down on firms and ‘finfluencers’ using social media for non-compliant and illegal financial promotions and this week has announced plans to update its existing guidance on social media and...more

Venable LLP

FCC Proposes Rule to “Close the Lead Generator Loophole,” with Business-Changing Ramifications

Venable LLP on

Last week, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking proposing to “ban the practice of obtaining a single consumer consent as grounds for delivering calls and text messages from...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 26, 2020)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Sheppard Mullin Richter & Hampton LLP

The Esports and Gaming Industries Offer Vital Tools to Musicians in the Wake of COVID-19

Musicians and gamers are no strangers to each other; the two industries have been capitalizing on the crossover of their respective fan bases for nearly a decade. Although these collaborative efforts are not news, the utility...more

Barnea Jaffa Lande & Co.

The Difference between a Distributor and an Agent in the Law's Eyes

Do you sell, market, or distribute someone else’s goods in Israel? Your role, whether as a distributor or as an agent, affects the rights you are entitled to by law. If you act as a commercial agent and not as a...more

Kelley Drye & Warren LLP

New NAD Decision Addresses Affiliate Links

As part of its routine monitoring, the NAD requested substantiation for various statements that a BuzzFeed staff member had made about a moisturizer in one of the site’s shopping guides. The NAD’s decision in the case sheds...more

Manatt, Phelps & Phillips, LLP

Affiliate Marketing 101

“What’s affiliate marketing? Should I care?” - The Federal Trade Commission attempted to answer these questions in a new blog post directed to consumers, explaining how the industry works and how to avoid scams....more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2016 #2

New Jersey Statute Causing Uptick in Class Actions - Businesses in New Jersey are facing an influx of consumer class actions over common terms of service based on a plaintiff-friendly interpretation of a 36-year-old...more

BakerHostetler

FTC Clarifies Native and Online Ad Obligations

BakerHostetler on

The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more

Kelley Drye & Warren LLP

FTC Updates FAQs for Endorsement Guides, Offers More Guidance on Social Media and Video Endorsements

The FTC recently revised its “What People are Asking” page, a source of informal guidance relating to the FTC’s Endorsement Guides. The Endorsement Guides were last revised in 2009. The FAQ revisions are intended to address...more

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