Monthly Archives: March 2017

Esports News: Will China’s New Bill Proposal Hinder Aspiring Gamers?

picture of people playing mobile games to acompany a blog post about Amazon esportsThis week, an esports-adjacent news piece out of Asia caught our eye. Apparently, Chinese officials are working on a law to end late night online gaming for teens and tweens. Will the proposed law effect would-be professional gamers?

The Perceived Problem: Too Much Late Night Tomfoolery!

According to reports, Chinese officials — and parents — are frustrated with about the amount of online gaming that goes on between midnight and 8:00 am. They’re terrified: Children are not getting proper amounts of sleep! Online gaming is akin to the 1880’s opium epidemic!

The Proposed Solution: Software Tracking Triggers?

How do Chinese officials plan to stop the insanity? By implementing an online gaming curfew. How? With software tracking. Chinese citizens must already use Government ID numbers to access certain websites. As such, it would be relatively painless to set up a monitoring mechanism, in conjunction with the existing identifying data, that would allow companies to kill connections of under-18 gamers after a certain hour.  In fact, politicians want to fine companies for failing to do so.

China Favors Online Gaming Restrictions

China is known for its online gaming regulations. In fact, the country already has a law that strips in-game credits of users who play continuously for more than 180 minutes (3 hours).

With esports taking off — and becoming a lucrative career option — it’ll be interesting to see if Chinese officials make exceptions for professional gamers. In fact, if the country’s gamers want to stay competitive, they may want to start thinking about lobbying for such a clause.

Connect With An Esports Lawyer

Kelly / Warner Law maintains an esports legal practice. We work with gamers and teams — from around the world — on everything from sponsorship negotiations to internal team arbitration. Have a question for one of our esports law aficionados? Give us a ring or shoot us a message.

Made in the USA: What Are The Labeling Rules?

Made in the USALately, people are talking about U.S. manufacturing — which made us take note of a recent FTC action. The nation’s consumer watchdog busted a company for marketing its products as “Built in the USA” and “Proudly Built in the USA.” Why? Well, according to the agency, many of the brand’s products were “wholly imported” and didn’t qualify as “Made in the USA.”

It’s More Than A Marketing Slogan

“Made in the USA” is not just a marketing slogan. It’s a legal term of art — specifically a “country of origin” label. Using it inappropriately constitutes a regulatory breach — and sometimes rises to the level of fraud.

What Products Can Be Labeled Made in the USA?

When is it appropriate to use “Made is the USA” or “American Made”? When a “product is all or virtually all made in the United States.” What constitutes “virtually”? It depends on the product. For a firm answer, speak to a product marketing attorney about the specifics of your situation because different rules apply to different product categories.

Inappropriately Using “Made in the USA” Can Result In Large Fines

The company mentioned at the top of the post settled with the FTC and didn’t admit any wrongdoing. But they did acquiesce to a 20-year monitoring agreement. However, don’t assume everyone gets a proverbial slap on the wrist. The FTC is authorized to fine companies that flout “Made in the USA” marketing standards. So, to avoid censure, ensure compliance.

Comply Before The FTC Finds and Fines You

Do you sell things for a living? Make sure you’re up-to-date on the latest advertising regulations? The “American Made” labeling rule is only one of many. To read about the rest, visit our marketing law resource center. There, you’ll find explanations of federal marketing rules, plus case studies and legal tips.

Connect With A Product Marketing Attorney

If you have questions, feel free to contact us anytime. Someone from our marketing and advertising team will be happy to answer any questions you have. We look forward to speaking with you soon.