Kelly / Warner Law Blog

Welcome to the Kelly / Warner law blog. Each week, we post reviews and analysis of recent and significant lawsuits, in addition to opinions and general legal advice related to Internet, unfair competition, marketing, business / startup, intellectual property and defamation law. If you have a topic you'd like us to cover, send in a suggestion!

Internet law blog: e-commerce price anchoring case study

Private Label Law: Price Anchoring Explanation & Warning

Online clothing store Zulily caught a class action, courtesy of New York Attorney General Eric Schneiderman. The alleged offense? Price anchoring. What’s price anchoring, you ask? Let’s break it down. What Is Price Anchoring? Everyone loves a sale. Deals compel us to part with money. So, what’s a sly way to make consumers think they’ve … Continue reading Private Label Law: Price Anchoring Explanation & Warning

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Internet law blog: amazon review legalities

Amazon Reviews: Can They Be Trusted? Can You Buy Them?

Team members from BestReviews recently analyzed 360,000 consumer posts on Amazon.com. Their conclusion? Amazon is flooded with 4- and 5-star reviews, which raised the question: “Can Amazon reviews be trusted?”The answer: Yes, but be aware. The team observed that: 66.3% of Amazon user ratings are 4- or 5-stars; A “verified purchase” doesn’t mean “full price … Continue reading Offering Discounts For Honest Amazon Reviews Is Fine; Paying For Bogus Reviews Isn’t

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Internet law blog: social media marketing regulations

Use Promotional Hashtags In Tweets, Posts & ‘Grams

The Federal Trade Commission slapped retailer Lord & Taylor for flouting marketing guidelines. Remember folks: use promotional hashtags. The Social Media Campaign That Got Lord & Taylor in Trouble Product: A paisley dress from Lord & Taylor’s Design Lab collection. Marketing Tactic #1: Shelled out money — and a free dress — to 50 social … Continue reading Online Marketing Legal Reminder: Use Promotional Hashtags In Tweets, Posts & ‘Grams

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Internet law blog: Alibaba news and updates

Five Things Online Sellers Should Know About Alibaba Right Now

Alibaba is a key component in many private label businesses. If it’s part of yours, take two minutes to read through this summary about the latest Alibaba news and how it could affect you.

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Internet Law Blog: Arizona Internet Law News Update

Arizona Internet Law Update: Revenge, Sharing & Crowdfunding – Oh My!

Let’s take two minutes to review the latest Arizona Internet law headlines. Arizona Revenge P-rn, Take Two After a false start, Arizona now has a revenge porn law. The State Legislator passed a similar statute in 2014, but it was ultimately deemed unconstitutional and excised from the books. Arizona’s Failed Revenge P-rn Law Loosey-goosey language … Continue reading Arizona Internet Law Update: Revenge, Sharing & Crowdfunding – Oh My!

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Internet law blog: Amazon FBA selling tips

4 Essential Tips For First-Time FBA Sellers & Marketers

The Amazon FBA program is an excellent starting point for people new to the private label selling niche. Sure, Amazon grabs a percentage of each sale, though the benefits far outweigh the fees. But to be successful, FBA sellers should follow one fundamental rule:Adhere to Amazon’s terms of service, if not, you risk suspension. What … Continue reading 4 Essential Tips For First-Time FBA Sellers & Marketers

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To Buy or Not To Buy Online Reviews – That IS the Question

Four Truths About Online Reviews For Product Marketing Entrepreneurs You can make money with a successful third-party online selling business. Amazon, eBay, Etsy – even Walmart – have developed incredible platforms for outside sellers. Even better? The latest holiday spending figures revealed that anxiety about Internet shopping has gone the way of the dinosaur. Bottom … Continue reading To Buy or Not To Buy Online Reviews – That IS the Question

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Internet law Blog: Private Label Hijacking

Private Label Law: 4 Tips To Shake Counterfeiters & Hijackers

Article Brief: Private label sellers sometimes run into counterfeiters who hijack listings. To avoid being targeted, sellers can take several measures, like investing in intellectual property protection and customizing products. If you’re entangled with a sophisticated scammer, your best bet is working with private label law attorneys, with legal tools at their disposal. Product counterfeiters … Continue reading Private Label Law: 4 Tips To Shake Counterfeiters & Hijackers

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Will FBA Marketers Be Hurt By Amazon’s Shipping Moves?

Amazon is super-sizing itself. Recently, the company’s Chinese arm entered into the freight forwarding business. What does it all mean for FBA marketers and sellers? Maybe nothing, maybe something; let’s take a snapshot of the situation and discuss. Amazon Registered As A Freight Forwarder (Which Isn’t What You May Think It Is) When news broke, … Continue reading FBA Buzz: Will FBA Marketers Be Hurt By Amazon’s Move Into International Cargo Shipping?

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Internet law Blog: Native Advertising Guidelines

Summary of The FTC’s Native Advertising Guidelines

The FTC issued a pair of new advertising guidelines — the Enforcement Policy Statement on Deceptively Formatted Advertisements and the Native Advertising: A Guide for Businesses. What are the chief takeaways? Will the “new rules” have a massive effect on current marketing trends? First Things First: The Current State of Native Advertising Jeffrey Chester, executive … Continue reading Summary of The FTC’s Native Advertising Guidelines

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Internet Law Blog: Alibaba Counterfeiting

FBA Happenings: New Alibaba Counterfeit Crew Hopes To Curtail Problem

Is Alibaba counterfeit activity about to diminish? Alibaba sure hopes so. Headquartered in China, Alibaba.com is an online bazaar of manufacturing sourcing, selling and negotiating – and it’s an essential cog in many an FBA operation. Recently, Alibaba announced plans to fatten its fraud department. Perhaps to keep U.S. officials at bay – and that … Continue reading FBA Happenings: New Alibaba Counterfeit Crew Hopes To Curtail Problem

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Supplement FBA Sellers: Are You Certain Your Organic Labeling Is Legal?

All supplement FBA sellers should take 3 minutes to read about a recent court ruling that could affect your niche. Specifically, it’s about product labeling. This year, the “clean food” revolution may become a lot messier– legally speaking. Recently, the California Supreme Court ruled that individuals can sue companies that slap an “organic” label on … Continue reading Supplement FBA Sellers: Are You Certain Your Organic Labeling Is Legal?

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