Marketing

News & Analysis as of

What Are the Rules of the Advergame in the UK?

Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or...more

How Do “Relationship-Forward” Companies Market and Sell? (Part III)

Reward it. To know that relationship development is valued, one only need look at the annual compensation of rainmakers in the financial services industry. Goldman Sachs’ 250 partner managing directors, who are the...more

CFPB report highlights inadequate disclosure of campus financial products

In its fifth annual report on college credit card agreements, the CFPB takes financial institutions as well as colleges and universities to task for failing to adequately disclose their marketing agreements for campus...more

“Is this the worst law firm holiday e-card ever?”

That’s the question posed to me by a friend who’d received it today from an international law firm. I’ve often said how risky I think it is to mix business with a religious holiday card. I tell our clients not to even...more

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because...more

Comunity Banking Legal Alert

In This Issue: - Banks May Need to Take a Second Look at “Free” Checking Account Promotions - Is Apple Pay in Your Future - Marketing Agreements for Mortgage Services Require Care - Financial...more

FDA Regulatory and Compliance Monthly Recap – November 2014

In an unusual move, the FDA takes issue with the accuracy of Sciecure’s studies in a warning letter over sales promotion material for the company’s sleeping pill - In addition to criticizing the pharmaceutical company...more

I’ve never seen ANYTHING like this law firm’s holiday card. Never.

I’ve ranted about and railed against boring or clichéd holiday cards for decades, yet nearly every day in December another one or two (or ten) bland and politically correct cards featuring snowy landscapes or skylines, ice...more

New rules on the use of vouchers

Vouchers are an effective and increasingly popular marketing tool to attract customers and the Italian Ministry of Economic Development recently issued a “circular” which clarifies the boundaries of the latest regulations...more

NAD Finds Fault with Taste Test’s Survey Universe and Test Locations

In a recent decision involving taste tests and preference claims for sweetened breakfast cereals, the National Advertising Division (NAD) once again reminds advertisers that advertising claims must be substantiated by...more

Facebook Dislikes Fake Likes

Money may not be able to buy happiness, but it can buy phony Facebook “likes.” And those can go a long way toward making a small business owner’s dreams come true, right?...more

China Court Ruled Infringement for Ambush Marketing in Film Industry

The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a...more

Celebrity Endorsements, Online Poker and the FTC

Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on...more

The War for Data Science Talent: How CMOs Can Wage It (Part III)

Integrating Data Science in the Marketing Organization - Once ready to make those strategic first hires, the CMO will have to develop knowledgeable data science management people to efficiently source appropriate...more

A “New World” of Fashion and Food

In a world of Instagram, Facebook and SMS text marketing, being fleet of foot in an ever-changing world of retail advertising and sales is the name of the game. As retailers and restaurateurs navigate the treacherous waters...more

California’s “Online Eraser” Law for Minors to Take Effect Jan. 1, 2015

On Jan. 1, 2015, California’s “Online Eraser” law will take effect, requiring websites and other online service operators to delete on demand any content posted by minors. The law also prohibits such operators from sharing...more

But I didn’t send that fax: Eleventh Circuit expands the scope of liability to businesses under the TCPA for unsolicited faxes.

Marketing and advertising is a major component of most businesses. In fact, many businesses hire marketing companies or advertisers to help promote their businesses. Recently, the Eleventh Circuit Court of Appeals addressed...more

R.I.P.: The Facebook “Like” Gate

Do you still “like” me? Companies with Facebook Pages will find themselves asking that question of their followers over the next few weeks, as Facebook brings an end to the popular practice of offering discounts, exclusive...more

Call me, maybe? New technology, mobile marketing and the TCPA

Mobile marketing is the new frontier, and many companies across many industries are increasingly using technology to communicate with consumers through text messaging. As mobile campaigns proliferate, so do class actions...more

How Do “Relationship-Forward” Companies Market and Sell? (Part I)

Initially, “relationship forward” is an ambiguous term, and yet we know it when we see it. B2C companies (e.g., USAA, Zappos, Starbucks) are well known for their focus on each customer relationship. Similarly, in the B2B...more

Report from an Energized Brand Activation Association Marketing Law Conference

Ifrah Law is a proud member the Brand Activation Association (“BAA”). This week, we attended the BAA’s 36th annual BAA Marketing Law Conference in Chicago. Just as “Mad Men” reflects the 1960’s era advertising business, this...more

It’s a Marathon, Not a Sprint

Unless you’ve been living under rock this past week, you’ve likely heard the story of new viral sensation “Alex from Target.“ Apparently, some teenage girl took a picture of him bagging items at Target, tweeted it, and...more

Advertising Law - November 2014

Lawmakers: Time to Discuss the Internet of Things: What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things? A group of senators has called for a hearing to...more

CFPB Targets Marketing Service Agreements

On September 25, 2014, the Bureau of Consumer Financial Protection (“CFPB”) entered into a Consent Order with Lighthouse Title, Inc., a title insurance company located in Holland, Michigan (“Lighthouse”), in which the CFPB...more

“Your CMO is stupid. So hire us.”

OK, that’s not precisely verbatim, but that’s what this ad seems to be saying. Wow. Here’s an ad for a B2B marketing company that’s been running lately in Chief Executive magazine: Stein AIS Marketing Manatee Ad...more

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