Why Every Marketing Campaign Needs a Lawyer
As a business owner, you know that marketing is essential to the success of your company. But did you know that you need a lawyer on your marketing team? A lawyer can help you stay compliant with regulations, protect your brand's reputation, and guide you on what content is safe to publish online. They can also help with crisis management in the event of a scandal. In short, lawyers are a vital part of any successful marketing campaign.
1. Lawyers can help you stay compliant with regulations.
As online marketing has grown so have the number of consumer protections and company regulations. For example, the Federal Trade Commission (FTC) has rules about endorsements and testimonials that must be followed or your company could be fined. Testimonials must be truthful and not misleading. If you are planning a marketing campaign that includes influencers, you need to make sure that they are disclosing their relationship with your company according to FTC guidelines.
Additionally, there are email spam laws when it comes to marketing. If you are planning an email marketing campaign, you need to be sure that you are in compliance with the CAN-SPAM Act. This law requires that commercial emails have certain information included, like a physical address, and gives recipients the ability to opt-out of future emails from your company.
There are also laws about telemarketing, text messaging, and fax marketing. If you are planning any type of campaign that involves these channels, you need to be aware of the do-not-call registry and the Telephone Consumer Protection Act (TCPA). The TCPA has strict rules about how companies can contact consumers, what information they must include in their messages, and getting consent from consumers before they can be contacted.
All of these regulations may seem daunting, but a lawyer can help you navigate them and make sure that your marketing campaign is compliant.
2. Lawyers can help protect your brand's reputation.
There is a great deal of time, money, and emotion that goes into creating a brand. The brand, or image of a company, is utilized in marketing efforts to produce a long-lasting impact on customers in order to stimulate purchases. It is important to have trademark and copyright protections in place to prevent others from unfairly profiting from your brand or damaging your reputation.
A trademark can be registered with the U.S. Patent and Trademark Office (USPTO). The USPTO describes a trademark as a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. Once a trademark is registered, it is protected under federal law and can be used to sue infringers in federal court.
The USPTO explains that copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Copyright law gives the owner of a copyright the exclusive right to reproduce, distribute, perform, display, or license their work.
An experienced marketing attorney can also help your company avoid potential trademark infringement issues and trademark dilution. If your company is accused of either, it could result in a costly legal battle.
3. Lawyers can provide guidance on what content is safe to publish online.
In today's digital age, it is important to be aware of the legal risks associated with publishing content online. For example, if you are planning to use user-generated content (UGC) in your marketing campaign, you need to make sure that you have the right to use that content. If you don't, you could be sued for copyright infringement. Another legal risk to consider is defamation. Defamation is a false statement that harms the reputation of an individual or business. If you publish defamatory content online, you could be sued for libel. Take care with what you share/repost on the internet, since false information may erode people's confidence.
Privacy is also a concern when it comes to marketing. Many companies use market research to adapt their marketing campaigns to their target market. However, when a business obtains this sensitive information, strict laws apply. The Federal Trade Commission (FTC) has rules in place to protect consumers' privacy. For example, if you are collecting customer data, you need to have a clear and conspicuous privacy policy that discloses what information you are collecting and how you will use it. Publishing traditionally private information online the consumer's knowledgeable consent.
If you are unsure about whether the content you want to publish is safe, a lawyer can help.
4. Lawyers can help with crisis management.
Crisis management is another area where lawyers can be helpful. If your company finds itself in the midst of a public relations nightmare, a lawyer can help you navigate the situation and minimize damage to your brand's reputation.
For example, let's say that one of your company's products is involved in a recall. A lawyer can help you draft a statement to release to the public. They can also help you determine what other steps need to be taken in order to mitigate the situation.
Another example is if your company is accused of false advertising. If you are sued for false advertising, a lawyer can help you defend your company and protect your reputation. Having a lawyer review an advertisement before it is released is a best practice for marketing to avoid these types of crisis scenarios.
5. Lawyers are a vital part of any marketing team.
In short, every marketing campaign needs a lawyer. Lawyers can help you stay compliant with regulations, protect your brand's reputation, provide guidance on what content is safe to publish online, and help with crisis management. If you don't have a lawyer on your marketing team, you could be putting your company at risk.
Hiring an experienced marketing attorney is the best way to reduce legal risks associated with your marketing campaign. Contact Hunkin Law today to learn more about strategic business counseling, trademark & copyright registration, and creatively compliant marketing solutions.