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The Voice May 10, 2011

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10 May 2011


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Legal and Regulatory Voices of DRMA
California High Court to Retailers: 'No Trespassing' in 90210 
Other than perhaps the last time you watched "90210" (if ever), when did you last think your ZIP code said anything personal about you? However long it's been, ZIP codes have been on the minds of California's highest judges.
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Is Groupon an Option? 
In this age of social media, advertisers may be considering whether "daily deal coupon" websites, such as Groupon and LivingSocial, can work for their direct marketing businesses. Although Groupon may be an appealing advertising option, using the website may pose significant legal risk.
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FTC Picks Low-Hanging Fruit, Smacks Down Acai Affiliate Marketers 
On April 19, the Federal Trade Commission (FTC) moved to stop operators of websites from making allegedly deceptive claims about acai berry weight-loss products. The enforcement actions announced by the FTC during a press conference in Chicago target affiliate marketers who made allegedly deceptive advertising claims by posting online fake news stories about the weight-loss benefits of acai berry. The FTC filed 10 federal cases in a total of six courts. Also, the Illinois Attorney General has filed one suit in Illinois.
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Telemarketers Beware: The EBR Exemption Is Narrower Than You Think 
Direct response marketers are continually looking for ways to take advantage of the Existing Business Relationship (EBR) afforded under the Telemarketing Sales Rule (TSR) to avoid having to scrub lists of potential customers against the National and State Do-Not-Call Lists. A recent enforcement action announced by the Federal Trade Commission (FTC) this month illustrates just how narrowly the FTC defines this exemption.
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What's in a Name? How to Pick a Good Product Name 
Picking a good name is extremely important. If you pick one the public doesn't like, your product won't sell. On the other hand, if you pick one the public loves, but it infringes someone's trademark, you're going be subject to an injunction and be held liable for their damages and your profits. Conversely, if under trademark law the name you pick is generic or weak or you don't get it registered, you'll probably see knockoffs popping up with impunity, using slightly different but still extremely similar names.
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DRMA News

DRMA Cares to Benefit Those in Need in Japan

SANTA ANA, Calif. – The Direct Response Marketing Alliance (DRMA) has launched a brand-new nonprofit to send assistance to the millions of people affected by the 8.9 magnitude earthquake and subsequent tsunami in Japan.

The DRMA Cares is looking to raise $100,000, all of which will be donated to the American Red Cross Japan Quake and Pacific Tsunami fund. Those interested in contributing can call (800) 444-SAVE between April 15 and June 30 to donate.

The DRMA Cares — whose launch has been made possible through partnerships of Response Magazine, American Red Cross, Dial 800, Live Ops, Advanced Processing Group and TransFirst — is putting the unity in community to help those in the DR world and beyond.
DRMA CARES  - Partners

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