'Intermercials' may run afoul of advertising laws; 'Net advertisers need to study a variety of legal issues before engaging in cybermarketing
Article Abstract:
The rush to advertise on the Internet and the World Wide Web is so great that in the process many ignore some basic principles of advertising law. The most basic is describing the deal and setting forth any disclaimer. Most Web sites forget to include legal pages. When advertisers upload pre-existing advertising material including images of individuals, they often fail to verify if the contract with that individual is still in effect and if so, whether it covers Internet usage. Advertisers need above all to be sure they have followed laws on sweepstakes and contests, a very popular form of Internet promotion, for not to follow such laws is a criminal act.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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A proposed amendment to U.C.C. Sec. 2-313 would convert some statements of puffery into warranties, shift the burden to sellers and encourage litigation
Article Abstract:
A proposed change to the Uniform Commercial Code would shift the burden of proof to defendants against express-warranty claimants and eliminate the distinction between puffery and objective claims. Sec 2-313 now requires plaintiffs to show that an advertisement included an express claim and that it was reasonable to believe it was a warranty, but the amendment would make the defendant show that the plaintiff was unreasonable in that assumption. The Federal Trade Commission supports the existing, not the proposed, standard.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Will bans on tobacco ads pass muster? Those provisions of the June 20 proposed tobacco settlement restricting advertising may well ignite 1st Amendment challenges
Article Abstract:
The constitutionality of the tobacco industry advertising bans in the June 20, 1997 proposed settlement is open to question. Since it seems that the settlement will happen through legislation, the restrictions sought therein must be reviewed with First Amendment standards. They should be reviewed carefully so they do not end up a challenge to the First Amendment rights of advertisers of legally sold products.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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