Is Your Business Running an Illegal Lottery?

CMRS Law Government Compliance

Many businesses run contests or sweepstakes as a way to promote the business and engage customers.  If done properly, these promotions can be a great way to generate sales.  However, if a contest or sweepstakes is not run correctly, it could be considered a lottery.  Lotteries, unless state-run, are illegal in every state and could subject your business to civil …

Selecting a Strong Trademark: The Four Types of Marks

CMRS Law Trademark

When selecting a trademark, there are two important considerations: (1) avoiding the likelihood of confusion with other marks and (2) selecting a “strong” mark in the legal sense.  A likelihood of confusion will occur when your mark is the same or similar to another mark that identifies related goods or services.  Whether or not a mark is “strong” in the …

Advertising Laws and FTC Enforcement

Elliott Stapleton Government Compliance

Consumers have protection against false or misleading descriptions of products or services. Goods and services cannot be sold if their sale will confuse consumers or unfairly damage another business. Advertising law is, to an extent, enforced by the Federal Trade Commission (FTC). Before using an advertisement consider if the information is truthful, if you have evidence to support your assertions, …