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Articles

Congratulations – you’re a winner! Unless you infringed someone’s IP rights...

February 1, 2012

Articles

Congratulations – you’re a winner! Unless you infringed someone’s IP rights...

February 1, 2012

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The marketing meeting was a success. Everyone loved the idea of conducting a multi-level promotion tied to the big game, with an instant-win component on Facebook and a random draw for an amazing grand prize, plus an interactive component allowing entrants to submit videos that describe their affinity with your products and services. However, before the launch you must ensure that the promotion complies with federal and state laws and does not violate third parties’ IP rights. For example, is there a free method of entry, so that the promotion does not fall foul of federal and state lottery laws? Is the promotion registered and bonded in all applicable states, including Florida and New York? Have all trademark-related issues been addressed? While all of these issues – and many others – must be considered, this article focuses on the trademark issues that often arise when marketers conduct promotional giveaways, offering practical tips and highlighting the potential pitfalls that must be avoided before the first sweepstake entry is submitted.

To read the entire article, please click here.

This article first appeared in World Trademark Review magazine issue 35, published by The IP Media Group. To view the issue in full, please go to www.worldtrademarkreview.com.

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