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 Read More…
Internet Marketing
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 Read More…
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 Read More…
14 Critical Rules To Using Website Disclosures Effectively!
As you learned in the previous post, the FTC wants website disclosures to be clear and conspicuous. The FTC also wants disclosures to be read at the same time as the claims they qualify. There are other guidelines that website operators must follow when using disclosures to qualify some claim made on the website. Any disclosures that Read More…
Avoid Misleading Claims With Clear & Conspicuous Disclosures!
As discussed in my last post, you may have to qualify some claim you make with a disclosure in order for it not to be a misleading claim. How to use disclosures to qualify information and avoid misleading your consumers is just as important as any other aspect of FTC law. In fact, this is Read More…
10 Concerns Affiliates Pose To Your Business!
Affiliate marketing can be particularly risky to your business in terms of liability exposure. There are a number of concerns, ranging from liability for affiliate spam under the CAN-SPAM Act, violations of disclosure responsibilities under the FTC Act and even affiliate trademark infringement. In fact, this list is quite expansive. However, it is possible for Read More…