On April 9th, the WWE filed several trademarks for the slogan “Then Now Forever Together,” which was used in the signature opening before the WrestleMania event this past weekend. Readers of this blog may be familiar with other brands that use trademarks to protect symbols that set their businesses apart from the crowd. All this […]
How to Trademark a Phrase or Slogan: The Basics Read More »
Online marketing is a common tool that businesses use to bring attention to their respective goods and services. When initiating online marketing campaigns, businesses must be careful to both protect their intellectual property and not infringe upon the intellectual property of others. When discussing intellectual property issues that need to be considered in the online
Marketing Online? Be Mindful of Trademark and Copyright Law Read More »
We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes. Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers participating in their respective contests. While companies must abide by the laws governing
Creating a Viral (And Legally Compliant) “Pin to Win” Contest Read More »
On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”). In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook
Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer Read More »
If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA) and its enabling regulations. Call center operators are not the only businesses that employ outbound telemarketing to reach out to consumers. Using the phone is often an
The Critical Role that the TCPA Plays in Outbound Telemarketing Read More »
The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers and otherwise increase brand awareness and buzz. Consumers are more easily attracted to your marketing message by the opportunity to win prizes than with more mundane advertising. However, there are
How To Use Promotional Marketing The Legal Way Read More »
In general, a lottery exists when entrants pay for the chance to win a prize. States alone reserve the right to administer lotteries. Businesses can eliminate one element of what would otherwise be an illegal lottery, in order to transform it into a legal promotional game. If the requirement to pay to enter is removed,
New York Sweepstakes Law: Are You Compliant? Read More »
Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held that the subject faxes, while
An Ad or not an Ad: NY Weighs in on TCPA Surveys Read More »