Do you have the legal right to use a photo of yourself that someone else took?  Do you need an IP clearance to use the photo of yourself? This is where the IP clearance of marketing campaigns asks the question, who owns the copyright to that photo you want to use?  Although one may think […]

What is an Intellectual Property (IP) clearance? Do you need it? When marketing campaigns use any artwork, regardless of its format (music, video, photos, graffiti, murals, etc.), I usually ask the clients, where did it come from? Is it original or borrowed? Most importantly, does the client have the legal right to use such artwork […]

When I meet with new clients to discuss the legal aspects of their marketing campaigns, one of the first questions addressed is advertising in Spanish, as I offer review of such campaigns.  It always surprises me when the client tells me advertising in Spanish is not a consideration.  Why? There are so many different reasons, […]

How do you feel when someone you trust lies to you about something important? Personally, I feel betrayed, maybe even violated depending on what the lie was. One thing is for sure, how do you trust someone who has lied about something important thereafter? Now lets apply this concept to business… TRANSPARENCY is crucial for […]

advertising law, marketing law, promotions law

Advertising, Marketing Product Testing

As marketers, what marketing campaigns say is important,  but how the claim is made is just as important.  Comparing one’s products to those of a competitors could be fair game as long as the comparison is based on “…reasonable basis for its claims….”  Comparing labels of products to show the difference may also be acceptable. […]