Fair question for investors and business owners. Once, I had someone tell me that he was willing to take big risks for his start-up to be successful. Every business venture has risks, but why take unnecessary risks? If there is a potential IP issue, why not do an IP clearance? If you need a disclaimer, make it clear in a conspicuous place in readable font. If you need research to support your claim, it’s ok to start with others’ research, but do your own to support your claim. There are so many other issues that can come up with marketing campaigns, why not have creatives work with an Advertising, Marketing and Promotions Law attorney to minimize legal risk by having legally compliant marketing campaigns.
Best business practice is to include your marketing campaigns in your due diligence as part of your strategy to minimize legal risk. Have your marketing campaigns reviewed for legal compliance, preferably before going public. Federal, state and local laws apply to all businesses, and the law changes. So, even if your marketing campaign is public already, they still need to be reviewed for necessary changes. Any questions? Feel free to contact me so I can help you by reviewing your marketing campaigns in English and Spanish.
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