News & Analysis as of

Marketing

OCIE Publishes Risk Alert on Most Frequent Advertising Rule Compliance Issues Found During Examinations

by Dechert LLP on

The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) issued a National Exam Program Risk Alert on September 14, 2017 (Risk Alert). The Risk Alert highlights...more

Disruption Is Coming To Law Firms: Are You Ready?

by Blattel Communications on

Think about this for a minute: venture capitalists are looking to “disrupt” the sock industry. As chronicled on Marketplace, $110M has been invested in a sock company(!). This kind of investment in a static, eminently mature...more

Are firms ready to exploit Pinterest?

by Adrian Dayton on

If you knew of a social media platform boasting that 93% of its active users utilize it to help them plan purchases, and 87% say they actually made the purchase because they found it on the site, would your firm be on...more

Effective Cause Marketing: Ways to Ensure Your Good Deeds Go Unpunished

by Nutter McClennen & Fish LLP on

Collaborations between charitable organizations and for-profit businesses to simultaneously promote a cause and raise funds for the charity have been demonstrably successful and are occurring with increasing frequency. When...more

Patents as a Technology and Marketing Resource

by PretiFlaherty on

Several types of patent searches are known for identifying patents and published patent applications of potential interest. One type of search, often called a novelty search, is employed to identify prior issued patents and...more

Food & Beverage Litigation Update | October 2017 #2

by Shook, Hardy & Bacon L.L.P. on

Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a...more

Be Proactive: Protect Yourself from Unfair Competition

by Cohen & Grigsby, P.C on

Most sophisticated companies actively protect their intellectual property from infringement. They scour the market looking for possible infringers, and they update their searches for possible infringement on a regular basis....more

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

“I’m Unavailable to Take Your Advertisement Right Now”: FCC Regulation of Direct-To-Voicemail Marketing

by Robins Kaplan LLP on

The days of lamenting the dinnertime telemarketing call seem to have faded, but as communication technology ? particularly cell phone and smartphone usage ? has become ubiquitous, advertisers have found new avenues to...more

Lessons Learned: Website Redesign (Part 3)

by McManis Faulkner on

Congratulations! After many months of hard work with designers, techno-wizards, and fellow teammates, your new website is up and running for the whole world to see. Sigh. Isn’t it pretty? You and your team have agonized...more

BB&K Wins Dismissal of Anti-Spam Suit - Case Demonstrates Ongoing Abuse of the Law Against Email Companies

by Best Best & Krieger LLP on

Best Best & Krieger LLP attorneys Damian Moos and Daniel Richards won dismissal of federal unlawful email advertising lawsuit against a webmail service company that was wrongly targeted. U.S. District Court Judge Maxine...more

Not All Buffalos Are Alike: Court Finds No Likelihood Of Consumer Confusion Between Bourbon Bottle And Wine Bottle Trade Dress

by Orrick - IP Landscape on

Findings of Fact and Conclusions of Law, Sazerac Co. Inc. v. Fetzer Vineyards, N.D. Cal. (Sept. 19, 2017) (Judge William Orrick) - Winemaker Fetzer Vineyards recently escaped a trademark infringement lawsuit brought by...more

Ontario introduces bill to promote transparency in healthcare industry

by DLA Piper on

On September 27, 2017, Ontario’s Minister of Health and Long-Term Care, Dr. Eric Hoskins, introduced proposed legislation that aims to add transparency to certain marketing practices employed by the medical industry, in...more

#unfaircompetition – limitations to influencer marketing under German law

by Hogan Lovells on

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company...more

FTC Provided Guidance Regarding Affiliate Marketing

by Reed Smith on

The FTC alerted consumers to the truth behind online advertisements connected to affiliate marketers in a September 20th blog post titled, What’s affiliate marketing? Should I Care? The FTC took action against an online...more

Accidental Franchise = Potential Lawsuits, Fines + Other Penalties

by Lewitt Hackman on

Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources, including exemplary human resources, are...more

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

by Goulston & Storrs PC on

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million...more

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

by Ballard Spahr LLP on

Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more

What Are You Thinking, Coke Zero?

The above advertising billboard is plastered all over the Twin Cities at the moment, and it got me thinking, so here I am, once again, writing about Coke Zero, remember this can?...more

Lessons Learned: Website Redesign (Part 2)

by McManis Faulkner on

The decision is made: your firm is going to dive in - create a new website or redesign your existing one. I hope you had a chance to read my teammate Amanda Peth’s blog Lessons Learned: Website Redesign (Part 1) about when...more

Paid to Post? #FTCAdvice for Influencers

In our previous blog post, “#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements,” we discussed a recent Federal Trade Commission (the “FTC”) settlement and the FTC’s...more

I Subscribed to What? What Online Subscription-Based Marketers Need To Tell Their Consumers

I am certainly not the only person who has been lured into purchasing a too-good-to-be-true, deeply discounted product online, only to learn that what I actually purchased was a subscription to buy more stuff. Kate Hudson’s...more

Lessons Learned: Website Redesign (Part 1)

by McManis Faulkner on

Visually pleasing, descriptive, and easily digestible with clear yet engaging navigation - your website needs to encompass all of these features.  After all, your website is your firm in the online world.  Often it is the...more

The FTC, Like, Revises Its Social Media Endorsement Guides, Bruh!

This month, the Federal Trade Commission (“FTC”) issued a revised version of “Endorsement Guides: What People Are Asking,” a series of questions and answers pertaining to the conduct of “influencers,” that is, anyone who...more

What’s the story with the Construction Lawyers Society of America (CLSA)?

by Ross Fishman on

There's been quite a bit of conversation (and some confusion) regarding the CLSA. This is a new honorary international association of top construction lawyers. The invitations to leading lawyers across the US and around the...more

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