Free Offer Advertising: “Free” Means “Free”

Companies routinely offer discounts or other incentives to increase sales.  Free offer advertising campaigns are a common and often good method to drive sales.  Advertisers utilizing free offers must do so carefully.  Free offers must not be deceptive, and the component of the offer designated as “free” must actually be free.  Stated differently, federal and state laws rely on the proposition that “free” means free, meaning that an advertiser may not directly and immediately recover the cost of the free offering from consumers.

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Posted by Brian Wright
Advertising and Media
April 17, 2012

BYOD: Security Issues to Consider When Inviting Employees to “Bring Your Own Device”

Employees often demand to use their own electronic devices to interact with the companies’ systems. Given the 24-hour demands of our ever-connected society and the ubiquitous nature of such devices, allowing employees to use such devices can be attractive — even tempting — for the employer.  Such employer permission and employee permitted use, however, brings significant and often difficult security issues that must be considered to mitigate security risks.

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Posted by Brian Wright
Data Security
April 13, 2012

3M v. Avery Dennison (CAFC 2012): Avoiding a Declaratory Judgment Action for Non-Infringement

If you own a patent and become aware that it is being infringed, what are your options?  Usually three: 1) sue; 2) don’t sue and ignore the infringement; or 3) don’t sue, but try to agree to a license with the infringer, out of court.  As between alternatives ## 1 and 3, negotiating rather than suing can make a great deal of sense, in light of the fact that most litigation ends in settlement anyways.

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Posted by Don Burton
Intellectual Property
April 10, 2012

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