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Top Trademark Scams: How to Spot and Avoid Them

Navigating the trademark application process can feel like running an obstacle course—especially if you don’t know about the hidden traps. One of the biggest challenges isn't filing the application itself, but avoiding the scams and schemes that prey on unsuspecting trademark applicants. Let’s explore some of the most common trademark scams and how you can steer clear of them.

1. Fake Trademark Renewal Notices

You’ve finally received your trademark registration, and a few months later, you get an official-looking letter warning you that your trademark is about to expire. It asks for an urgent payment to renew the mark and keep your rights intact. You panic. After all, losing your trademark is a terrifying thought. But here’s the catch: your trademark isn’t really expiring.

How It Works: Scammers send out these fraudulent notices to new trademark registrants, hoping you’ll pay the “renewal fee” before realizing that the letter isn’t from the U.S. Patent and Trademark Office (USPTO) or any legitimate agency.

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Navigating the New FTC Rules: What Podcasters and Other Creators Need to Know About Fake Reviews and Testimonials

In the fast-evolving world of podcasting, where credibility and trust are key to building a loyal audience, the recent updates to the Federal Trade Commission's (FTC) guidelines on reviews and testimonials should be on every creator's radar. The FTC has officially declared war on the practice of buying and selling fake reviews and testimonials, a move that could have significant implications for the creator economy—especially for those who have been tempted by the lure of “professional podcast promoters” who market aggressively on social media.

What Are the New FTC Rules?

The FTC's new rules, which have the force of law, officially known as the “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” explicitly prohibit the purchase, sale, and dissemination of fake reviews and testimonials. This means that any content creator, including podcasters, who engages in or benefits from these practices could face severe penalties. The FTC is particularly focused on ensuring that consumers can trust the information they encounter online, and fake reviews are seen as a direct violation of this trust.

The Podcasting Landscape and Fake Reviews

Podcasting, by its very nature, is a medium built on authenticity. Listeners tune in because they connect with the host's voice, opinions, and the content they provide. However, the competitive nature of the podcasting world has given rise to a cottage industry of “professional podcast promoters” who promise rapid growth and increased visibility—often through questionable means, including the use of fake reviews.

These promoters often market their services aggressively on social media, targeting podcasters who are eager to grow their audience but may lack the time or know-how to do so organically. They promise to flood your show with five-star ratings and glowing testimonials, propelling you to the top of the charts. But as tempting as these offers might seem, they now come with significant legal risks.

The Risks for Creators

Creators who engage with these promoters or otherwise participate in the purchase of fake reviews are now squarely in the FTC's crosshairs. The FTC has made it clear that ignorance is no defense; if you're benefiting from fake reviews, even if you didn't personally buy them, you could be held liable. This could result in hefty fines, legal action, and irreparable damage to your brand's reputation.

Moreover, platforms like YouTube, Apple Podcasts and Spotify are becoming increasingly vigilant about policing fake reviews. A sudden surge in suspiciously glowing ratings could lead to your podcast being flagged, removed from the platform, or even blacklisted.

What Should You Do

Avoid Temptation: No matter how slow organic growth might seem, it's far better to build your audience the right way. Authenticity is the bedrock of podcasting success, and fake reviews will only undermine the trust your audience has in you.

Vet Your Promoters: If you do choose to work with a podcast promoter, make sure they adhere to ethical practices. Ask for transparency in their methods, and avoid any service that promises quick fixes or guaranteed five-star ratings.

Focus on Quality Content: The best way to grow your podcast is through quality content that resonates with your audience. Invest time in understanding your listeners, engaging with them on social media, and delivering episodes that keep them coming back for more.

Encourage Genuine Reviews: Encourage your listeners to leave honest reviews and ratings. You can do this by asking them directly in your episodes, providing incentives like giveaways (ensuring these are transparent and within guidelines), and engaging with them when they do leave feedback.

Stay Informed: The creator landscape and legal regulations are constantly evolving. Make it a habit to stay informed about new rules and guidelines from the FTC and other relevant bodies to ensure your practices remain above board. Checking with a qualified media & entertainment lawyer couldn't hurt, either.

Conclusion

The new FTC rules are a wake-up call for content creators who may have been tempted to take shortcuts to success. In fields where trust and authenticity are paramount, it's crucial to avoid practices that could undermine your credibility. Instead, focus on building a genuine connection with your audience, and let your podcast's growth be a reflection of the value you provide. After all, in the world of content, slow and steady truly wins the race.

By staying compliant with the FTC's guidelines and committing to ethical practices, you can ensure that your podcast thrives in a way that's both sustainable and respectful of the trust your listeners place in you.

Gordon Firemark Recognized as a “Best Lawyer” for the Ninth Consecutive Year

For the ninth year in a row, Gordon Firemark has been honored by his peers with inclusion in The Best Lawyers in America for his outstanding work in Entertainment Law – Theater. “I’m truly humbled and grateful to receive this recognition once again,” says Gordon Firemark. “My mission has always been to help entertainment professionals… Continue Reading

NFL, Copyright vs FOIA, Gibson Guitars, and more – Entertainment Law Update 170

Join Gordon Firemark and Tamara Bennett in episode 165 of the Entertainment Law Update podcast as they provide detailed analysis and commentary on various legal and business news stories. This episode covers a range of topics, from the NFL’s $4 billion anti-trust verdict to the latest AI training lawsuits. Highlights include discussions on the Parkland… Continue Reading

“Trump Too Small” trademark refusal under Lanham Act ‘Names’ Clause is Constitutional – ELU 169

Join Gordon Firemark and Tamara Bennett in Episode 169 of the Entertainment Law Update podcast as they analyze the Supreme Court’s ruling against the “Trump Too Small” trademark, Griner’s “Success Kid” lawsuit victory, Bacardi’s trademark dispute win, and Netflix’s settlement of the Fairstein defamation case. They also discuss the unionization of drone pilots, the legal… Continue Reading

Damages and Discovery; Right of Publicity, AI, NIL, and more… ELU168

Join Gordon Firemark and Tamara Bennett in Episode 168 of the Entertainment Law Update podcast as they delve into recent pivotal legal and business news stories. In this episode, we talk about significant rulings and notable legal battles in the entertainment industry. Warner Chappell v. Nealy: Supreme Court’s Ruling Discovery Rule in Copyright Cases X… Continue Reading

Be Careful When “Partnering” in the Creative Fields

In the dynamic and ever-evolving world of creative industries, collaborations and partnerships are often the driving force behind groundbreaking projects and innovative works. From podcasters and filmmakers to musicians and visual artists, many creative professionals find that teaming up with others can amplify their talents and expand their reach. However, while the allure of partnership… Continue Reading

Why You Absolutely Shouldn’t Worry About Copyright Law: A Sarcastic Guide

Oh, copyright law—what a trivial little detail in the grand scheme of your creative masterpiece! Who needs to fret over such mundane legalities? Here’s why you should definitely not worry about copyright law at all. (Spoiler alert: you absolutely should.) Ignoring Copyright Protection Why protect your work when you can just let anyone and everyone… Continue Reading

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