Archive for the ‘Advertising Law Attorneys’ Category

FAQs for the FTCs Newly Adopted Revised Endorsement Guides

Monday, June 28th, 2010

The FTC’s revised Guides emphasize a focus on social media and in particular the relationship between advertisers and the products being advertised;

“The issue is – and always has been – whether the audience understands the reviewer’s relationship to the company whose products are being reviewed. If the audience gets the relationship, a disclosure isn’t needed.”

The FTC Guides retain a core purpose of protecting consumers from misleading or inaccurate advertisements and while the connection between Subway and Jared may have been readily apparent, “on a personal blog, a social networking page, or in similar media, the reader may not expect the reviewer to have a relationship with the company whose products are mentioned. Disclosure of that relationship helps readers decide how much weight to give the review.”

Continue reading FAQs for the FTCs Newly Adopted Revised Endorsement Guides »

Apple Modifies iPhone Software Development Kit to Allow Sweepstakes

Friday, March 26th, 2010

MacRumors reports that Apple has modified the iPhone SDK to allow iPhone developers to include sweepstakes and lotteries in their iPhone applications.  App developers must state in their contest rules that Apple is not a sponsor or responsible for the promotions that are offered through the apps.  If you intend to run a sweepstakes through your iPhone app or website, contact one of our expert sweepstakes lawyers today at 866.936.7447.

Continue reading Apple Modifies iPhone Software Development Kit to Allow Sweepstakes »

Weight Watchers Files False Advertising Lawsuit Against Jenny Craig

Monday, January 25th, 2010

Weight loss giants Weight Watchers and Jenny Craig are in a pound for pound fight over claims that Jenny Craig is liable for false advertising, deceptive trade practices, and unfair competition. Weight Watchers contends that Jenny Craig falsely implied that users of the Jenny Craig system are two times as likely to lose weight as users of the Weight Watchers system. The commercial cites a “major clinical trial” for its proposition that its system outperforms it competitors. This trial, Weight Watchers contends, is really two scientific studies that do not withstand scientific scrutiny. A federal district court judge has agreed with Weight Watchers and has issued a preliminary injunction in the case preventing Jenny Craig from continuing to run the ads.

If you believe that your business has been the victim of false advertising, or if you need advice on advertising compliance such as the CAN-SPAM Act, contact one of our expert advertising law attorneys today at 866.936.7447.

Advertising Clearance: The Law Should Dictate Approval

Wednesday, January 20th, 2010

A false or otherwise unlawful advertisement may not only result in poor consumer response and sales, but it may also subject the provider of the advertisement to legal and financial exposure. As such, performing an advertising clearance is advisable. An advertising clearance is essentially a vetting process whereby an advertisement is reviewed for compliance with various laws and regulations. It is typically performed by an advertising lawyer. With the explosion of online advertising, oftentimes an internet lawyer is in the best position to review new forms of online advertising, which may include social media, blogs, or websites.

Regardless, an advertising clearance should, at a minimum, include the following:

• Review of the claims made in the advertising for truth, or stated another way, a review to ensure the claims made are neither literally false or impliedly false. As a subpart to this, some language may not even be a claim but instead function as “mere puffery”
• Identify substantiation for any claim made
• Scrutinize any testimonial or endorsement (e.g. ensure compliance with FTC Part 255 Guide)
• Understand what advertising medium will be used and ensure compliance with laws specific thereto (e.g. email must comply with CAN-SPAM)
• Determine if there is any valid sweepstakes/contest or illegal lottery aspect to the advertisement, and if so, ensure compliance with both federal and state laws as well as regulatory bodies
• Ensure proper use of trademarks or service marks
• Ensure proper use of copyright material

Traverse Legal, PLC advertising attorneys can assist you with an advertising clearance in order to ensure compliance with advertising laws. Not only will we be able to tell you what may subject you to liability and advise against particular items, but oftentimes we will be able to suggest alternatives that will allow your advertisement campaign to proceed.

Advertising Law Attorneys Handling Advertising Law Compliance

Wednesday, January 20th, 2010

Advertising law is a complex combination of federal regulations, state statutes, and case law. Our advertising law attorneys can help ensure that your business’s advertisements, contests, sweepstakes, websites, blogs, and commercials comply with advertising law.

Whether it is ensuring web compliance with online marketing and advertising laws such as the endorsement guidelines of FTC Part 255, advising regarding contest and sweepstakes laws, performing advertising clearances, or assessing advertising challenges, our marketing attorneys can assist you and your business. Contact our expert advertising law attorneys today at 866.936.7447.

Businesses can be subject to liability under advertising law for their failure to comply with several statutes and regulations, including:

FTC Part 255 advertising requirements
• False advertising under the Lanham Act
• False advertising under state law
• Deceptive Mail Prevention and Enforcement Act
• Telemarketing sales rules
• State sweepstakes laws
• State lottery laws
• Federal Trade Commission advertising regulations
• US Postal Service advertising regulations
• Commercial advertising case law
• State consumer protection and telemarketing laws

If your business intends to advertise on the Internet, through the mail, or on television or radio, contact one of our expert advertising law attorneys today at 866.936.7447.

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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan