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FTC Green Guides Have Marketing Impact
The Federal Trade Commission (“FTC”) released the final revised Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260), commonly referred to as the “Green Guides” in October 2012, adding another layer of clarity to how marketers can justify “green” marketing claims. Originally issued in 1992 and updated several times since that time, the latest Green Guides present a road map for franchisors and franchisees to make environmental claims that might be highly appealing to customers, while not running afoul of regulations about deceptive or unfair advertising found in Section 5 of the FTC Act (15 U.S.C. ' 45). “While the Green Guides are non-binding, the FTC can take action under the FTC Act if a marketer makes an environmental claim inconsistent with the Guides,” wrote Martha L. Perkins, partner, Whiteford Taylor & Preston LLP, in a blog post analysis of the Green Guides.
The Green Guides cover claims that could be made in labeling, advertising, promotional materials, and any other forms of marketing in any medium, through words, symbols, logos, depictions, and product brand names. The guidelines apply to business-to-business transactions, as well as business-to-consumer transactions. For franchises, the business-to-business aspect is an important development because it potentially will give them greater confidence that the “green” materials they purchase from third-party vendors are environmentally beneficial.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
'Insurable Interest' and the Scope of First-Party Coverage
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.