Tag Archives: marketing

New Litigation Against National Clothing Retailer for Use of “Up To % Off” Messaging

What Have Retailers Been “Up To” In New Jersey? The last few years have been quite interesting for retailers, with a number of different pricing and advertising related legal issues coming to the forefront. Recently, another new front in this battle opened in New Jersey where a national clothing retailer became the subject of a … Continue Reading

ALERT: Google’s Plan to Open Its Services to Children Could Spur Changes to COPPA Enforcement

Recent reports indicate that Google is developing a program that would allow children under the age of 13 to obtain accounts on Google services such as Gmail and YouTube.  The Wall Street Journal  recently reported that “Google is trying to establish a new system that lets parents set up accounts for their kids, control how … Continue Reading

Six Things to Know About Trademarks

Trademark use, protection and enforcement are key components to any enterprise, whether startup, growth stage or Fortune 100. Here are some key points that decision makers over marketing should keep in mind. #1 – Trademark law protects the brand. Trademarks are intellectual property. The different categories of intellectual property can be confusing, and as you … Continue Reading

Knowledge-Based Authentication Approved as Method to Verify Parental Consent Under COPPA

On December 23, 2013, the Federal Trade Commission (“FTC”) issued a letter approving the use of knowledge-based authentication as a method of obtaining prior verifiable parental consent under its new Children’s Online Privacy Protection Act (“COPPA”) Rule, 16 C.F.R. Part 312 (“Amended Rule”). The Amended Rule not only expanded the non-exhaustive list of acceptable methods … Continue Reading

Advertising About Charities and Charitable Causes: It’s the Details that Matter

“Our company will support the Charity.” “A percentage of proceeds go to cancer research.” “With every purchase, a donation goes to Charity.”  Stating or implying that a purchase or other action by a consumer will benefit a charity or charitable purpose is appealing to attract consumers’ attention, but this type of messaging needs special attention … Continue Reading

Acai of Relief? Marketers’ Recent Settlement of FTC Charges Serves as a Reminder for Online Advertisers and Affiliate Marketers.

Two online marketers of acai berry products recently settled the FTC's charges that the marketers engaged in deceptive practices by operating "fake news" sites directly and through affiliates to promote acai berry products. Although these cases are extreme examples of deceptive practices, they should serve as an important reminder for companies engaging in affiliate marketing that the FTC actively enforces in this area using the FTC Act, and that companies marketing through affiliates and affiliate marketers must understand and address the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, which were updated in 2009 ("Guides"). As discussed further below, this can pose a challenge for companies of all types advertising through affiliate marketing programs … Continue Reading

Google+ Pages Allow Linking, but Not Hosting Promotions

Google+ just opened itself up for businesses and now allows entities to set up company Google+ pages. With this launch, Google announced a number of policies dictating what page owners can and cannot do on their Google+ page, including its “Contest and Promotion Policies.” These new policies outright prohibit anyone from running “contests, sweepstakes, offers, … Continue Reading

33rd Annual PMA Marketing Law Conference

This week, Jamie Rubin and Heather Nolan from the InfoLawGroup will speak at the industry’s leading marketing law conference, hosted by the Promotion Marketing Association. The 33rd Annual Marketing Law Conference will take place this Tuesday and Wednesday, November 15-16, at the Downtown Chicago Marriott/Magnificent Mile in Chicago, Illinois. Jamie Rubin will speak on a … Continue Reading
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