For Subscribers

In Hot Water? Take a closer look at your marketing materials, or you may get burned.

By Catherine Seda

Opinions expressed by BIZ Experiences contributors are their own.

Do you promote client testimonials on your Web site, overnightdelivery in banner ads, or other companies' trademarks innewsletters? These techniques aren't illegal, but the waythey're used could get you into legal trouble.

Today's hot buttons in Internet marketing law includecopyright usage, privacy rights, trademark usage and orderfulfillment, according to Douglas Wood, a partner of New York Citylaw firm Reed Smith Hall Dickler and author of Please Be Ad-Vised: The Legal Reference Guidefor the Advertising Executive.

"The rise in Internet fraud and unethical marketingpractices is creating more aggressive legal action to protectconsumers," says Wood. "Companies are also morevigorously protecting their brands online. More than ever,responsible Internet marketers need to make sure they'refollowing the law."

Wood offers the following Internet marketing guidelines:

  • Copyright usage: Online information isn't free touse. And crediting the original source doesn't necessarilyprevent a charge of copyright infringement. While short quotes arepermitted, it's best to ask for approval and any data-userequirements. Fortunately, many organizations are thrilled to bereferenced and will gladly give permission.
  • Privacy rights: Client testimonials and photosaren't fair game either. "Individuals have a right toprivacy, and their names or images cannot be used for advertisingpurposes without their written consent," advises Wood."For example, an event planner can't use a photographtaken at the event that shows the client or those who attended theevent. Get written approval."
  • Trademark usage: If you're a company'sauthorized reseller or affiliate, you'll likely use theirtrademarks in your marketing campaigns. However, you should avoidusing trademarks in a manner that may dilute the integrity of themark. For example, Kleenex is a brand of tissue-it's nota synonym for tissue.

Competitors who use a trademark owner's marks and confuseconsumers are at risk of trademark infringement and possibly alawsuit. If you clearly compare your product to a competitor's,that's legal-provided the comparison is truthful. However,redirecting your competitor's consumers to your site withoutclarifying that you're not the trademark owner is a bigmistake.

  • Order fulfillment: Marketers who advertise fast orovernight delivery and then fail to deliver can get slapped withfines in the hundreds of thousands of dollars. Wood warns that thelaw requires delivery within 30 days if no time frame is noted.Many marketers promise delivery in eight weeks, which generallygives them plenty of time to fulfill the order.

Re-evaluate these techniques, if you're using them. Alsoconsider reviewing the marketing tactics of your partners andcompetitors to ensure your company is protected from their effortsas well. Legal sites such as Adlaw, Adlaw by Request, and FindLaw are helpfulresources.


Speaker and freelance writer CatherineSeda owns an Internet marketing agency and is author of SearchEngine Advertising.

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