Aaron Kelly's Internet Law Blog
You've found your way to the original Kelly / Warner Internet law blog. Each month, we review cases of interest to online businesses and entrepreneurs. Sometimes, we dole out legal tips regarding online fraud, unfair competition, startup legalities, marketing, business, intellectual property, and defamation.
Dietary Supplement Sales Legal Advice: Prepare For Class Actions
Class action lawsuits are common in the dietary supplement space. Anyone starting a private label supplement company, should read up on avoiding a mass claim.
A Crash Course In Dietary Supplement Marketing
If you’ve landed on this page, you probably have questions about dietary supplement marketing. And so, for you, we’ve compiled a list of FAQs. (If you don’t find your question listed below, get in touch.) What Is The FTC And Why Should Dietary Supplement Sellers Care About It? The Federal Trade Commission is a quasi-government Read More
Press Release Defamation: Do I Have A Case?
Quick Question: Can you be sued for publishing a snarky press release? Quick Answer: Yes, “press release defamation” is a real thing — but it wouldn’t be an easy win. In addition to proving falsity, you’d have to convince a judge or jury that the defendants: Bruised your bank account or caused another professional vicissitude. Read More
Avoid Great Sounding Promotional Language That's Sketchy
A company in the mosquito repellent biz is out a few hundred thousand dollars. Why? Marketing fines. Ultimately, the Federal Trade Commission feels the company lacked sufficient scientific proof to support structure-function promotional claims. Why should you care about this case? It’s a reminder to stay on the right side of the “substantiation line” when Read More
Use The FTC’s Regulations App, Then Get A Marketing Audit
Credit where credit is due, right? We’re unfurling a slow clap for the Federal Trade Commission. Why on earth would we do that? Well, those sometimes mercurial commissioners created a genuinely helpful app! FTC’s New Legal App Tells E-Medical Product Developers & Marketers Which Regulations Apply To assist both developers and marketers of e-medical applications Read More
Social Media Law: Keep Office Dirt Offline (Or Risk A Lawsuit)!
A few weeks back, Yelp! (“Yelp”) had an online spat with an ex-employee. The incident got messy — and history will probably remember it as a Yelp social media faux pas. But right now, the incident serves as a reminder to startups and businesses: Be careful what you post online about internal events — both Read More
Pay By Selfie Arms Race: Amazon.com Pulls Ahead?
Amazon Filed For A Coveted Patent; What Does It Mean For Consumers & Sellers? What’s the next big e-commerce thing? Pay by selfie — and Amazon recently filed a patent application for the process. Analysts speculate that the company will pair the facial recognition system with a payment authentication method it also owns. By simplifying Read More
FBA Buzz: Is The Amazon Marketing App Meant To Fend Off Walmart?
Right now, Amazon.com is a Wall Street darling. Despite a recent stock dip, its numbers bewitch investors; the offerings delight disposable-income-America; and, in semi-Shaolin fashion, Amazon has studiously molded itself into a Jedi master (if not the Kylo Ren) of supply chain logistics. The profitable cherry on top? Fulfillment by Amazon (FBA) – a program Read More
COPPA Lawyers Explains 2016 Imaging Technology Update
Beep! Beep! Make way for a caravan of “COPPA Cassandras.” The Federal Trade Commission approved a new Children’s Online Privacy Protection Act (COPPA) verification process. And you know what that means: children’s advocacy groups are sounding alarms. What’s the latest COPPA complaint? In short: “Tricky kids are tricky – tricky enough to weasel their way Read More
European Commission Hyperlink Controversy
By now, you’ve probably heard the hype: “The European Commission [EC] is about to ruin the Internet by making people pay for hyperlinks!” But you can relax. Per usual, the cautionary bark is likely more threatening than the potential, actual bite. Despite the headlines, the chance of European officials turning links into toll booths are Read More
Can You Successfully Sue Over A Meme?
Opining about online harassment is the new black. Media outlets – from the respectable to the tawdry – have rhapsodized about cyberbullying’s effect on society, and part of the conversation has focused on a 21st-century phenomenon – “the graphic meme.” Some folks say memes are a matter of free speech; other people believe they’re noxious Read More
Online News Aggregation: Is It On Its Way Out?
Will it soon be illegal to aggregate news links? Some people think so – including Matt Drudge – founder of the right-wing news site, DrudgeReport.com. Are We Headed For a “Content Net Neutrality” Battle? For years, citizens, politicians and businesses have deliberated the pros and cons of so-called “net neutrality.” The main debate: Is it Read More