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    Is Your Business A Victim of AdWords Trademark Infringement?

Is Your Business A Victim of AdWords Trademark Infringement?

 
AdWords Trademark Infringement
 
Lead generation companies use both registered and unregistered trademarks of their client’s competitors in Adwords sponsored ad campaigns online. It is happening in many industries and is wide-spread. Seemingly, these lead generation companies, on behalf of third party competitors, are essentially using the brand names and related search terms of their client’s competitors as the campaign keyword(s) to promote traffic to their website through sponsored ads. When searching the keyword or keyword phrase on Google, Bing or Yahoo, for example, the sponsored ad and corresponding website appears at or near the top of page in the paid search engine results. The website operators in question are targeting your business’s brand in an effort to siphon the existing goodwill from your business.
The problem, of course, is that these actions may in fact be actually misleading some visitors of the website that have conducted a search online for your […]

MLM Income & Earnings Disclaimer Use 101!

 
Specific earnings and income claims entice the customer. These claims are often made in connection with offering business opportunities and with MLM plans online. Misleading earnings or income claims are deceptive and illegal in general under Section 5 of the FTC Act. But, they pose other concerns in connection with offering business opportunities and in selling MLM type plans.
The basic premise behind FTC endorsement disclosure requirements is that the advertiser cannot claim through an endorsement anything that cannot be claimed directly. Advertisers must have a reasonable basis and must be able to back up any specific claim made. Exaggerated earnings claims are deceitful and are always deceptive. Claiming extraordinary results by making a specific earnings or income claim that is not representative of the results achieved by a substantial number of consumers is deceptive. Advertisers are not free to make such direct claims without properly qualifying them through the […]

Why A Material Connection Puts Your Business On The Hook!

 
If your business actually compensates endorsers or reviewers with cash, gift certificates, coupons, free products, etc. in exchange for their endorsements or positive reviews, this must be disclosed!
The FTC is the watchdog agency over businesses engaged in interstate commerce including online businesses. The revised FTC guidelines state that if a connection exists between the maker/provider of some good or service and another person that provides a positive review or endorsement about such good or service that would materially affect the endorser’s credibility in the eyes of the reasonable consumer (i.e. a “material connection”), this connection must be disclosed. This applies if the endorser is either not known to the general public or is not held out to be an “expert”. The bottom line is that where it isn’t obvious or reasonably understood by the average consumer that an endorser has or will receive consideration for the endorsement or positive review, […]

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