Ad and Marketing Regulations
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Sharon Toerek
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Marketers and marketing agencies engaged in direct marketing have questions and worries about Canada’s new anti-spam legislation (“CASL”).
CASL came into effect on July 1, 2014 for direct marketers who send commercial electronic messages (CEMs) to clients, customers, prospects, or referral sources.
What’s a CEM, exactly? A CEM is a message with content that encourages t…
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Uncategorized
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Sharon Toerek
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I attended a terrific conference recently, produced jointly by Recourses and Win Without Pitching, on the topic of developing new revenue models for expert Firms. About 60 leaders of expert Firms from around the world, primarily marketing and ad firms, gathered to get insight from workshop leaders David Baker and Blair Enns about ways to add new products, profit centers, recharged…
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Uncategorized
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Sharon Toerek
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I usually use this “real estate” to talk about legal issues in the ad and marketing industry, but today I hope you won’t mind my using it to share some professional news about my Firm.
I’m excited to announce the formation of Toerek Law, a law practice with a focus on the legal needs of creative professionals nationwide. It’s the next step toward dedicating my legal content and practic…
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Agency-Client Relationships Copyright Law Uncategorized
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Sharon Toerek
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I spend a lot of time reading, thinking and writing about how marketing agencies can capitalize on their intellectual property. I suppose it’s natural for an IP lawyer to get “preachy” about the importance of protecting intellectual capital, for clients in any industry. But I’ve always felt it was even more critical for creative businesses. After all, intellectual capital is…
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Copyright Law Trademark Law Uncategorized
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Sharon Toerek
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This is Part 3 of a series on turning Marketing Agency IP assets into Money. In previous posts here and here, I discussed discovery of the Agency’s proprietary intellectual capital so that the Agency has a sense of its assets and how to evaluate their potential for additional Agency revenue.
In Part 2 of this series, I discussed methods to legally secure the Agency’s…
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Copyright Law Trademark Law Uncategorized
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Sharon Toerek
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In previous posts here and here, I reviewed methods for discovery and auditing your marketing agency’s intellectual property, with a view toward capitalizing on those assets to enhance the Agency’s value or create additional revenue streams. In Part 1 of this series, I also posed some questions the Agency can ask to help prioritize its intellectual property assets, so that it can…
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Copyright Law Trademark Law Uncategorized
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Sharon Toerek
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In my last post, I discussed the places where ad and marketing agencies might find their intellectual capital, some of which might be converted into additional revenue streams, higher professional fees, or enhanced value to a potential purchaser of the Agency.
Once the Agency has decided to evaluate its intellectual capital, it needs an easy system, or roadmap, to identifying t…
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Copyright Law Trademark Law Uncategorized
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Sharon Toerek
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Marketing and ad agency leaders are frequently surprised when I tell them that they are probably sitting on a large pile of intellectual property, a lot of it underutilized and most of it unprotected.
Agencies are typically so focused on the ideation and creativity they employ for their clients that they rarely take a breather to think about their own intellectual capital. Or,…
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Trademark Law Uncategorized
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Sharon Toerek
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Over the past few days I had the honor of meeting with a group of ad agency owners who are Agency Management Institute members to discuss legal issues in their industry. And, since the agency folks luckily chose Puerto Rico as our meeting destination, my husband and I were able to fit in an enjoyable side trip to the Bacardi ® rum factory outside of Old San Juan for a tour.
The tour of…
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Agency-Client Relationships Copyright Law Trademark Law
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Sharon Toerek
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You’re sailing along on what feels like a perfectly normal Tuesday at the Agency when you get the dreaded call or email that reports one of the following scenarios:
– That prospect? The one you pitched but didn’t convert? They’ve got a brand new campaign and it looks just like Concept #2 from your pitch book.
– Another Agency’s redesigned website looks oddly familiar.
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