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 »
While NFTs (“non-fungible tokens”) typically take the form of sellable digital art pieces, NFTs can be so much more. NFTs are unique, often one-of-a-kind, digital files (usually images, photographs or short videos) that use blockchain technology to establish proof of ownership. In general, NFTs are created (“minted”), purchased from the minter, and then (where allowed) re-sold
What are NFT dApps? Read More »
How to Navigate the Winner Selection Process for Sweepstakes Promotions Sweepstakes promotions continue to be a popular tool that businesses use for customer acquisition, engagement, and retention. However, several aspects of these promotional contests (e.g., marketing and the logistical considerations associated with running such contests) can come with legal risks for sweepstakes operators. Specifically, the method of
Sweepstakes Promotions: Winner Selection Tips Read More »
Thirty years ago, telemarketers exclusively used phone calls as their preferred advertising medium. In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted advertising calls. Today, telemarketing has shifted its focus from phone calls to text messages. The Federal Communications Commission (“FCC”) has determined that a text message and a
The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up Read More »
Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways, and sweepstakes are invaluable tools for businesses looking to attract new customers and build a customer database. Sweepstakes drive consumers to provide their information to a business in exchange for the chance to win prizes and other benefits. Please take note that, for each sweepstakes, a
Why Your Sweepstakes Promotion Needs A Privacy Policy Read More »