Marketing

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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

Mayhem: Ahem, Metaphorically Speaking

Metaphors are a good choice for trademarks. A metaphor typically requires some thought, imagination or perception to understand the connection between the mark and what’s for sale....more

Court Finds Use Of “P” Word Does Not Necessarily A Partnership Make

Last March, I wrote a couple of posts concerning the Nevada Supreme Court’s opinion in In re Cay Clubs, 130 Nev. Adv. 14 (2014). Joint Venturer May Be Partner By Estoppel and “Don’t tell me not to worry, and please don’t...more

Status Updates - October 2014 #13

..Back to the future. Socially Aware readers – and editors – of, uhm, a certain age will fondly recall how, during the early days of the dotcom era, we hung out on message boards and in chat rooms discussing (some might say...more

Advertising Law - October 2014 #4

Red Bull’s $13M False Ad Deal Crashes Site - Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more

NARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims

A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback...more

Businesses Encouraged to Adopt Social Media Policies

Many business owners, particularly those with a limited marketing budget or no marketing plan, view access to social media as free marketing. What could be better? Ask paid employees to get out the “buzz” as an assignment....more

Virtual Marking for Patented Articles

The AIA introduced many changes to US patent law, including an amendment to 35 USC 287, which is frequently referred to as the “marking” statute. Marking a patented article provides constructive notice to the public of the...more

Keeping Up With the Kardashian’s Trademark Lawsuit

Whether you love, hate, or are indifferent to the Kardashian franchise, the Kardashian sisters undeniably know how to market and brand themselves and their products. In December 2012, the Kardashian sisters hoped to...more

Strike a Pose, Strategically: How to Take Media-Worthy Real Estate Project Photos

In today’s fast-paced media world with shrunken news reporting teams, yet a growing number of online exposure opportunities, architecture, engineering and construction (AEC) and real estate companies have more opportunities...more

FTC Targeting Deceptive Advertising of Mortgage Lead Generators

The Federal Trade Commission’s (FTC) recent complaint against Intermundo Media, LLC (Intermundo) alleging deceptive marketing tactics under the FTC Act and Mortgage Acts and Practices – Advertising Rule (MAP Rule)...more

Do Good Deeds, Go Unpunished: Legal Pitfalls And Practice Tips For Cause Marketing

“Join in the fight against breast cancer!” Each October, store shelves are filled with pink products and pink packaging in honor of Breast Cancer Awareness Month. Businesses across a variety of industries solicit...more

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