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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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."