The Legal + Creative Blog

An Intellectual Property Law, Advertising Law, and Marketing Law Blog for Creative People

Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law News Trademark Law

The FTC Proposes the End of Non-Competition Clauses – What It Means for Your Agency

You have probably heard that non-competition clauses and non-competition agreements are becoming increasingly tough to enforce in many states. However, the Federal Trade Commission (“FTC”) recently proposed legislation that would make any non-competition agreement or clause completely unenforceable throughout the country. If this legislation were enacted, it would have widespread impacts. As this situation continues

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Ad and Marketing Regulations Content Marketing Law Copyright Law Influencer Marketing

BRAND SAFE: A Trademark Guide for Your Agency’s Next Branding Project

Deciding on a brand name, logo, or slogan is not an easy process. It is even harder when you submit your proposal for legal clearance and your lawyer says, “back to the drawing board”. Trust us, we hate saying this as much as you hate hearing it! We have developed this guide for two reasons.

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Ad and Marketing Regulations Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law Influencer Marketing Social Media Law Trademark Law

The Agency’s Legal Guide for TikTok Sounds

Agencies know that launching a brand campaign can be fast, exciting, and a tad chaotic. Adding influencers into the mix only makes things more complicated, and details can easily get lost along the way. It is no surprise, then, that agencies sometimes find themselves in hot water for unauthorized sounds being used in TikTok posts.

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Influencer Marketing News Social Media Law

What Agencies Need to Know About the FTC’s Proposed Changes to the Endorsement Guidelines

The law is typically slow to catch up with business practices, so it’s no surprise the FTC is just now proposing changes to its endorsement and testimonial guidelines for marketers thirteen years after its 2009 amendments (the iPhone 3 era, to be exact). There’s a lot to digest in the proposed changes, but we are

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Ad and Marketing Regulations Agency Management Agency-Client Relationships

Data Driven: What Your Agency Needs To Know About Data Protection Obligations

Your marketing agency is increasingly required to collect, process, and analyze large amounts of data to run successful campaigns or achieve its clients’ business goals. It’s a complex responsibility. And if the complexity isn’t challenging enough, managing all of this data has legal implications for your agency too. How do you get a handle on

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Agency-Client Relationships General

What Agencies Need to Know (Now) About NFTs and the Metaverse

  There’s no doubt that by now your agency has been asked by a brand client about marketing in the metaverse or creating or using NFTs in its marketing. Even if the client (or your agency) isn’t yet ready to apply either of these strategies, conversations about them are occurring, and it’s important to at

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General Influencer Marketing

Marketing with Influence – Be Ready to Negotiate These Points in Your Next Influencer Deal

The use of influencer marketing has exploded in the last few years, and along with that, the complexity of the brand-influencer partnership agreement. As influencer marketing continues to gain in popularity, and influencer profiles continue to grow in reach and fame, influencer contract terms and conditions have likewise expanded beyond simple terms involving social media

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Agency-Client Relationships Copyright Law Trademark Law

The IP Issues that Every Agency Encounters (Yes, Even Yours!)

Agencies are not only in the business of creating intellectual property (“IP”) assets for their clients, but they’ve got a number of their own IP assets they need to make sure they protect. Whether it’s your agency’s pitch materials, concepts, strategies, pre-existing art or proprietary technologies, these critical assets are the true currency of every

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Agency Management Agency-Client Relationships Trademark Law

The 5 Critical Legal Documents You Need To Run Your Marketing Agency

We’ve heard of every version of this story from marketing agency owners – legal is a “burden” for agencies. And we get it. Discussing issues like contracts, IP ownership and legal risk is probably the least entertaining aspect of running your agency’s business. But you do want to have an agency that’s built for the

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