Marketing Law

Our Marketing Law practice area helps marketing departments and business leaders ensure that they are compliant with the myriad regulations that can affect marketing initiatives. Many businesses are using social media as part of their marketing strategy, and social media presents unique questions that can have complex answers. Marketing on the Internet has privacy concerns associated with it, and we are used to addressing these questions for our clients.

Our approach bridges the gap between marketing departments and the other areas of the company. To ensure compliance, everyone in the company must subscribe to the policies and procedures in place. Problems can arise when rogue departments or individuals do what they think is best with regard for the company’s internal controls.

Our services include:

• Creating or reviewing marketing policies
• Reviewing compliance with marketing practices
• Evaluating campaigns for regulatory compliance (truth in advertising, deceptive practices, etc.)
• Soliciting executive approval of marketing practices
• Reviewing social media marketing strategies
• CAN-SPAM compliance
• And more

This area of the law is constantly changing, and we adapt our practice to suit our clients’ needs. Contact us today to discuss your company’s specific needs. Our marketing law attorneys are available to meet with you in Tampa and Orlando. We also have options to meet with you virtually.

Marketing Law related content:

• What You Need to Know about Using Your Name in Your Business Name
  It’s not uncommon to associate a person’s full name or a family name with a business. Some of the most well-known brands in the world, such as Ford, McDonald’s, Disney, and Johnson & Johnson, are named after their founders. For small businesses and startups, using a name allows you to capitalize on the reputation of ...
• Legal Issues to Consider Before Entering a Co-Branding Partnership
  In a previous post about the legal side of branding, we pointed out the importance of clearly identifying the legal and financial conditions of a business partnership when you allow another individual or organization to use your trademark. This is critical when two brands collaborate to build a brand, whether it involves two corporate brands, ...
• Livestreaming: Powerful Marketing, Legal Risk or Both?
  Twitter recently announced that live video from Periscope, which Twitter purchased almost a year ago, can now be viewed directly from a user’s Twitter feed. Periscope is a livestreaming mobile app that makes it possible for users to “broadcast” live video and for viewers to provide real-time feedback. You’ve probably heard of “live tweeting” – ...
• Understanding the Legal Side of Branding, Part 2
  In the previous post, we began discussing legal issues related to branding. For example, we explained why organizations should carefully choose the name of a business, product or service, and how trademark protection ensures that other companies don’t use a name, slogan, logo or any other identifying mark that resembles yours. We also pointed out that ...
• Understanding the Legal Side of Branding, Part 1
  A new year brings new beginnings. It may sound like a cliché, but many people view this time of year as a reason to hit the reset button or launch new initiatives. From a business perspective, that could mean rebranding your current business, enhancing and elevating your current business brand, branding a new product or ...
• Follow the Rules for Social Media Contests to Avoid a #Headache
  From small mom-and-pop shops to the world’s most well-known brands, organizations have jumped on the social media contest bandwagon. “Like” a Facebook brand page or Tweet a photo with a certain hashtag for a chance to win everything from a gift certificate to a new house to $1 million. Companies are using social media contests ...
• Images Aren’t Free Just Because They’re on the Internet
  I found an image on the Internet, so I can use it on my website and brochure, right? Wrong. Just because you have Internet access and the ability to download or capture images from a web page doesn’t make it legal. I’m promoting a customer appreciation event at the Bucs game, so I can use the team ...
• Got a Selfie of You and a Celebrity? Be Careful How You Use It.
  The estate of Marilyn Monroe has been embroiled in various legal battles for decades with people who have attempted to profit from her likeness. The most recent ruling was handed down by a federal judge in New York, declaring that the Lanham Act protects Monroe’s intellectual property rights long after her death. This enabled her ...
• What Businesses Need to Know about the FCC’s TCPA Ruling, Part 2
  In the previous post, we began to lay out the highlights of the Federal Communications Commission’s recent Declaratory Ruling about the Telephone Consumer Protection Act (TCPA). The most significant change is the broadened definition of an autodialer. However, determinations about whether a device or software qualifies as an autodialer will be made on a case-by-case ...
• What Businesses Need to Know about the FCC’s TCPA Ruling, Part 1
  In the previous post, we discussed the history of the Telephone Consumer Protection Act (TCPA), which was passed in response to ongoing complaints about telemarketing and calls from debt collectors. The TCPA evolved over the years to prohibit calls and text messages to mobile phones without permission. We also warned of the high cost of ...