We see them every evening on cable TV—infomercials or long-form ads that shout about how great their products are and then claim, “you’ll love our product—or we ...
read moreTrademarks and Service Marks
We have spoken about protecting each new work that is created in your agency with a copyright. This causes some confusion among Second Wind readers over the differences between © copyright ...
read moreStaking Claim: Tips for Avoiding Deceptive Advertising Claims
The phrase, “truth in advertising,” is often used mockingly, perhaps arising from the days when advertising was something only quack remedies relied on to sell products. In those bad old ...
read moreDo You Need Professional Liability Insurance?
Professional Liability Insurance, (commonly called Errors and Omissions [E&O] coverage in the agency business) is designed for people who represent themselves to the public as possessing special skills in ...
read moreYou Can Go, But Don’t Take Our Assets
The question of non-compete clauses for agency employees continues to draw blank stares from many agency principals. The truth is too many agency principals run their businesses without these critical ...
read moreGuarantees in Advertising
According to the Federal Trade Commission (FTC) guidelines for the advertising of warranties and guarantees, any advertisement that mentions a warranty or guarantee must contain certain required statements or explanations ...
read moreWhat Constitutes Claim Support?
The Federal Trade Commission (FTC) requirement to support product claims cuts across many areas. Unsupported product claims can lead to private lawsuits, governmental intervention and problems in self-regulation. The advertiser ...
read moreWhat Is Unfair or Deceptive Advertising?
The two primary standards by which the Federal Trade Commission (FTC) and the courts judge the propriety of an advertisement are whether it is unfair or deceptive. Understanding these two ...
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