Startup Business -More than an Idea

Startup Business criteria for the idea-person and the money-person, backing the venture, is always easily skewed toward “what’s the least that it will take to get going”.  Going into the wild of business with the startup entrepreneurial spirit is fascinating and laudable.  Many venture off with the chutzpa without seeking legal counsel  and resort to…

Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are becoming numerous.  As creativity increases so will the efforts for the FTC to find aspects, not to their liking.  As the FTC pursues companies using native advertisers or influencer programs, restrictions will appear clearer to businesses.  FTC’s concern is over the possibility of consumers being confused…

Internet Advertising Under FTC Eyes

Internet advertising has become intricate and keen.  Internet advertising may involve multiple participants.  The purpose is essentially to sway readers to purchase products by making representations that at times appear too good to be true.  That is what the Federal Trade Commission and the State of Connecticut determined prior to suing  LeanSpa.  The claims embraced…

Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are addressing numerous issues with regard enhancing disclosures of sources of the statements being made in an advertisement.  As creativity increases so will the efforts for the FTC to find aspects, not to their liking.  As the FTC pursues companies using native advertisers or influencer programs, restrictions will…

Trademark Nominative Fair Use and Confusion

Trademark use and the element of fair use in business snags many businesses trying to market their service or product, while seemingly using a competitor’s trademark. Liability may not be avoided by relying on the fair use defense.  Words and their message are usually held to a standard regarding the possibility of consumer confusion.  There…

Website Safe Harbor Copyright Notice Designation

Website safe harbor takedown requirements by the Copyright Office is soon to undergo changes.  According to the Copyright Office, it is the responsibility of a website owner or online service entity to make it easy for a copyright holder to contact the website regarding the possibility of content infringement.  The agent designation requirement[1] process form,…

Right of Publicity

Publicity of one’s identity without permission frequently happens to sports figures, actors, and to possibly world record holders, including Hacky Sack world, records holders.  The latter persona is the type actually who filed a district court action in Illinois claiming invasion of privacy and false advertising.  As argued, a commercial ran showing that an individual…