Adlaw Resources
Within the resources section you can find useful downloadable resources.-
Telemarketing Sales Rule's Negative Option Regulations
December 22, 2004
A lot of attention has been focused on the Federal Trade Commission’s (FTC) amendments to the Telemarketing Sales Rule (TSR), the majority of which go into effect on March 31, 2003.
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Shipping and Handling Charges Gain Legal Scutiny
December 22, 2004
As free offers continue to flood the marketplace, the issue of whether and how much marketers can legitimately charge consumers for the shipping and handling of "free" items has become more compelling.
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How To Prepare For A False Advertising Lawsuit
December 22, 2004
If an advertiser has decided that is has no alternative other than to commence a lawsuit for false comparative advertising under the Lanham Act, the first thing to do is to prepare the materials the lawyers will need to bring the case.
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Guarantees
December 22, 2004
According to the FTC Guides for the advertising of warranties and guarantees, any advertisement that mentions a warranty or guarantee must contain certain required statements or explanations.
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Copyright
December 22, 2004
Copyright law plays a role in advertising in two ways: first, protecting the work you create and second, avoidance of infringement of the copyrights of others, e.g., photographers, artists, authors of books, songs, movies, or even other advertising.
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Comparative Advertising
December 22, 2004
One of the most controversial areas in advertising today is comparative advertising, i.e., taking the competitor head-on and comparing your respective products, presumably to show the advertiser's superiority.
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Claims From Outside Suppliers
December 22, 2004
Outside suppliers to advertisers and advertising agencies range from freelance photographers to celebrity talent. In each instance, however, one common thread applies: Be absolutely certain the entire understanding you have with the supplier is clearly set forth in writing and signed by the supplier.
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Television Network Clearance: A Step-by-Step Guide for Advertisers & Agencies
December 22, 2004
Editors in the standards and practices departments of each of the television networks review all commercials and determine their acceptability for broadcast based on compliance with their advertising guidelines.
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The ABC's of Network Clearance
December 22, 2004
Each commercial intended for network broadcast must be submitted for network clearance and approved before it is aired.
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The Top Ten Cyber-Commandments For New Media Agreements With Freelancers, Contractors & Employees
December 22, 2004
Freelancers are the lifeblood of the burgeoning New Media industry. Most New Media companies carry a small core of employees on their payroll and supplement their staffs with freelance artists, writers and programmers to produce Web Sites, CD-ROMs and multimedia software for their otherwise savvy but multimedia-challenged clients.
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The Top Ten Cyber-Commandments For Web Site Legal Pages
December 22, 2004
Commercial success on the Web hinges on the ability to create a Web Site that will attract the attention of Web Surfers, and the ability to frequently refresh the Site with updates and improvements that will entice Surfers to return to the Site.
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The Top Ten Cyber-Commandments of Web Site Domain Names
December 22, 2004
Many businesses were late to realize the commercial value of having an Internet domain name that corresponded to their well-known trademarks.
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Florida Changes Sweepstakes Filing Office/Staff
July 16, 2001
As of July 1, 2001, the Florida Department of State, as required by Florida Statutes § 849.094, will no longer regulate sweepstakes filings.
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What is a Contest Of Skill?
April 15, 2001
Defined, a contest of skill is a promotion in which winners are selected on the basis of bona fide skill. In requiring that skill be the basis of selection, you remove the element of chance and therefore are able to require consideration, according to basic lottery law.
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What Is A Lottery?
January 15, 2001
A lottery is generally defined as a promotion in which prize, chance and consideration are present. In order for a game to lawfully proceed, one of these three elements must be removed.
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Florida Allows Online Promotions Without Free Off Line Method of Entry
October 26, 1999
The Florida Department of State has issued a letter advising that the Department of State, in consultation with the Florida Attorney General's Office, has reevaluated its position regarding alternative means of entry for game promotions conducted over the Internet.
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Florida Retroactively Reinstates Sweepstakes Registration Process
August 20, 1998
In June we reported that funding had been denied for the Division of Licensing and that Florida's sweepstakes registration requirements would be suspended as of July 1, 1998.
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Proposed Amendment to California Law May Dilute Spirit of Sweepstakes
July 6, 1998
The California Department of Alcoholic Beverage Control is preparing an amendment to its regulations, which, if enacted, will greatly affect how alcoholic beverage promotions, specifically sweepstakes, are conducted in the state of California.
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"Honesty in Sweepstakes" Bill Introduced in Congress
June 23, 1998
Senator Campbell of Colorado has introduced a bill entitled "Honesty in Sweepstakes Act of 1998. The proposed bill would require extensive disclosures in direct mail sweepstakes.
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Florida Sweepstakes Registration Requirements Terminated
June 19, 1998
The Florida legislature has failed to provide funding this year for the operations of the Florida Department of State, Division of Licensing. This is the state agency which processes all sweepstakes registrations.