The Telephone Consumer Protection Act (“TCPA”) restricts contacting consumers whose phone numbers are on the National Do Not Call Registry unless the telemarketer has obtained the consumer’s prior express consent. As the recent decision in a case captioned Johansen v. EFinancial, LLC explained, the Do Not Call restriction is broad but contains one notable exception, […]
TCPA Safe Harbor Exception Saves Telemarketer Big Money Read More »
Whether you are looking to start a business or have been operating a business for years, it is important to know how to protect your brand. A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of goods/services. Over the past few years, there have been
A Trademark Lawyer’s Guide to Protecting Your Brand Read More »
Recently, several members of Congress introduced a bill aimed squarely at the digital marketing industry. Dubbed the Banning Surveillance Advertising Act, the bill amounts to a targeted advertising law that looks to ban or seriously curtail what sponsors term “surveillance advertising.” Put simply, the Act would ban advertising facilitators (like Facebook, Google, and data brokers)
Congress Considers New Targeted Advertising Law Read More »
To attract consumers in this increasingly competitive environment, NFT minters turn to promotional NFT contests to both generate excitement among consumers and increase company revenue. Where minters decide to market their NFTs through sweepstakes, they must adhere to relevant state and federal laws, rules, and regulations. For example, while minters may allow participants to enter contests by purchasing
What is an NFT Sweepstakes AMOE? Read More »
As the NFT (“non-fungible token”) industry continues to flourish (passing $40 billion in value in 2021) an increasing variety of individuals and companies are looking for ways to profit off the excitement. Some seek to benefit from the success of existing NFTs by minting imitations or parodies of such NFTs. Others have decided to mint
NFT Trademarks: DOs and DON’Ts Read More »
The Telephone Consumer Protection Act (“TCPA”) restricts the sending of certain fax advertisements to non-consenting consumers and businesses. Recently, the New York-based Second Circuit Court of Appeals held that a market research fax is not a TCPA advertisement. The Court found that even the inclusion of an honorarium for participating does not change the character
Second Circuit Holds Market Research Fax Not a TCPA Advertisement Read More »
The Federal Trade Commission (“FTC”) recently announced the settlement of a lawsuit against ITMedia Solutions LLC and its affiliates (collectively “ITMedia”) for allegedly violating certain lead generation marketing laws. The FTC complaint alleged that ITMedia’s websites misled consumers into disclosing their sensitive financial information under the pretext that they would be connected with lenders when, in
FTC Lead Generation Marketing Violation Lawsuit Settles Read More »
While it might seem like a minor point in what can otherwise be more substantive contract negotiations at the outset of a business relationship, wherever possible, you should insist on using your own contract. When negotiating a business relationship, it is common for both parties to have on hand their own version of a given
Contract Negotiations: Why Using Your Own Contract Is A Must Read More »