Marketing

News & Analysis as of

Vermont Vapor Up in Smoke for Allegedly Deceptive E-Cig Marketing Practices

Last week, Vermont Vapor, Inc. (“Vermont Vapor”) announced that the Vermont Attorney General’s Office is seeking $50,000 in penalties in connection with Vermont Vapor’s e-cig marketing practices. How can e-cig...more

Ross’s Top 10 Law Firm Domain Name Mistakes (Part II)

Last week I discussed Ross’s Domain Name Rules 1-5, how to ensure that your website is easy for prospects to find, and that you’re using best practices in selecting your domain name. Here are Ross’s Rules 6-10; I hope it’s...more

ICO Turns Spotlight on Data Broker Industry

Data brokers are organisations that obtain data from a variety of sources and then sell or license it to third parties. Many trade in personal data, which is purchased by their customers for several purposes, most commonly to...more

Top 10 Rules to Marketing a Law Firm Merger or an Existing “Branch” office (Part II).

Last week we detailed five marketing and reputation challenges faced by smaller or newer “satellite” offices of prominent law firms. (BTW, accounting and all other professional-services firms confront these same...more

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (FTC) staff have issued a report. The report sets the stage by describing how cross-device...more

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

Top 10 Rules to Marketing a Merger or “Branch” office (Part I).

You’re smart, handsome, and athletic—you’re in demand and have received many solid offers. Which one will you accept? Most likely you’ll end up at the “best” fraternity?the one that seems to have the best people, the best...more

The Top Ten Regulatory and Litigation Risks for Private Funds in 2017

Private investment funds and advisers are likely to face new regulatory challenges and increased litigation risks in 2017, not only because of a change in the administration, but also because many advisers have not corrected...more

Borderline products: Marketing food supplements in the UK following the glucosamine case

In late December 2016, the Supreme Court rejected the Medicines and Healthcare Products Regulatory Agency's (MHRA) application for permission to appeal against the decision of the Court of Appeal in R. (on the application of...more

Q: Should law firms pay associates to market?

Q: Should our law firm pay our associates to market? A: Uh… No. I answered this question on a listserv last week, posed by a marketer whose firm was revamping its bonus schedule. The bonus was intended to motivate...more

The Power of the Melody Pushes Fashion Forward

The many genres of music – particularly, rock, pop, hip-hop and country – have always pushed the needle forward in fashion. Musical icons from today and yesteryear have given a voice to fashion by creating a kinetic...more

Lack Of Prejudice Results In Limited Sanction Against Defendant

In one of the first cases interpreting newly amended Fed. R. Civ. P. 37, F.T.C. v. DirecTV, Inc., 15-cv-01129-HSG, 2016 U.S. Dist. LEXIS 176873 (N.D. Cal. Dec. 21, 2016), Magistrate Judge Maria Elena James of the Northern...more

How Wine Sellers Risk Licenses by Using Third-Party Providers

The innovative marketing and brand experiences offered by the online technology of third party providers (TPPs) can be an effective way for wineries and wine retailers to connect their product with their customers, expand...more

Cross-Device Tracking and the Trouble with Talkative Tech

Did you know that your devices are following you and talking amongst themselves? Creepy, right? From ordering products from your smartphone that you added to your shopping cart on your laptop’s browser to streaming a movie...more

Ross’s Top 10 Law Firm Domain Name Mistakes

What’s Your Law Firm’s Domain Name? YourName.com - Back in the mid-90s, we were just starting to develop the first law firm websites. As Marketing Partner of Ungaretti & Harris in the mid-1990s, I remember the...more

Big Tobacco Still Manipulating into the 21st Century

A doctor at his desk takes a drag off a Camel, deliberately deceiving the public about the dangers of the drug. Fred Flintstone fires up a Winston in front of Wilma and rattles off the company’s slogan, “Winston tastes...more

FTC Cautions Companies on Cross-Device Tracking Disclosures

On January 23, 2017, the FTC released a new report outlining its recommendations for companies using cross-device tracking. The report focused on the FTC’s continued commitment to consumer choice, transparency, and...more

Woman Claims Her Picture is Worth $2 Billion in Right of Publicity Suit

Could a promotional photograph of a restaurant scene that includes a customer with her hand partially obscuring her face be worth more than $2 billion? That’s what a lawsuit brought by the customer claims....more

Making United States Consumer Safer For Tequila?

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) recently dismissed Luxco, Inc.’s (“Luxco”) opposition to registration of the mark TEQUILA (in standard character format) by an...more

Political Discourse and Professionalism

We’ve been part of numerous professional services client discussions where the question asked is, “Can I discuss politics on social media?” The answer we generally give is, “No,” as one always risks losing favor from the...more

Your Favorite App-Based Ride Service?

Before you answer the question posed in the title of this post, your initial question might be: What is an App-Based Ride Service? The Minneapolis St. Paul International Airport is using a handy sign directing passengers on...more

Time to Review Your Online Marketing Practices and Privacy Policies

Earlier this week, the Federal Trade Commission (FTC) released a staff report on cross-device tracking which is part of a larger series of efforts by the FTC to explore emerging issues in the ever-evolving area of online...more

Trust your sushi chef – and marketers.

[2017 update] I was in beautiful Vancouver, BC speaking to the Managing Partners’ Dinner of the BC Legal Management Association. After the program, one of the managing partners came up to me wanting to discuss his...more

FTC Settles False Advertising Action Against Breathometer, Inc.

On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a...more

Disclosure Is Key for Cross-Device Tracking, FTC Staff Report Says

If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more

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