Can I Use a Competitor’s Name in Advertising?

Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks.

Coke vs. Pepsi; Burger King vs. McDonald’s; Bud Lite vs. Miller Lite… The list could go on and on.

If you are a major consumer brand, chances are you have thought about how to create your own consumer identity by comparison to or distinction from your competition.

But proceed with caution. A thoughtless ad campaign that carelessly namedrops another company’s trademark could land you in court.

The Quick and Dirty

In general, it is not illegal to compare yourself to your competitor in the advertising context, so long it is not untruthful, disparaging, misleading, or confusing to the public. Additionally, the use of a competitor’s trademark cannot lead the public to believe that the company is endorsing you.

But what do those generic rules look like in practical application?

 What You Can Say

1. Consumer Comparison Survey

Courts have held that it is legally defensible to conduct actual consumer comparison surveys and truthfully report the results. In short, anything you say about a competitor must be substantiated.

Remember the Pepsi Challenge? In its never-ending war against Coca Cola, Pepsi sought to prove its claimed superiority with an actual consumer taste test. At malls and other public locations, a Pepsi representative poured Pepsi and Coke into two blank cups and asked consumers what soda they preferred. Pepsi was lawfully entitled to publish its results, which it claimed showed that American consumers preferred Pepsi. But the takeaway is that anything you say about your competition that could be construed as “factual” (rather than obvious opinion-like statements that no consumer would take seriously) must be substantiated.

2. Brand References

Although a fine line should be recognized here between acceptable references and inappropriate endorsements, courts have held that the use of a trademark where there is no attempt to capitalize on consumer confusion or the commercial cache of a certain brand would be acceptable. For example, a court found permissible AOL’s effort to market to AARP membership with the following advertisement: “If you danced to the Beatles, cruised in a Thunderbird, or tuned into Dick Clark, you have earned . . . 100 hours free [Internet service on AOL].” Clark and Olive Enterprises, Inc. v. America Online Inc., 2000 WL 33535712 (C.D. Cal. 2000).

3. Compatibility Assurances

If your product serves as an accessory to another company’s product, you can advertise that compatibility. For example, compatibility advertising is frequently seen with i-Phone accessories – it is permissible for a company that makes i-Phone protective cases to mention Apple and its product the i-Phone in an advertisement about a protective case.

But caution should be taken here to ensure that compatibility advertising does not create an impression of endorsement or an affiliation between the two companies. For example, in a case between Stouffers and Weight Watchers, the Court found the following language likely to create consumer confusion: “Stouffers presents Weight Watchers exchanges for all 28 Stouffer’s Lean Cuisine entrees.” According to the Court, the use of the word “presents” between the marks “Stouffer’s” and “Weight Watchers” “creates the impression either that Stouffer owns Weight Watchers, or more likely that Stouffer is presenting these exchanges for Weight Watchers – in other words, that Weight Watchers gave Stouffer the exchanges to publish in the ad.” Weight Watchers Int’l, Inc. v. Stouffer Corp., 744 F.Supp. 1259 (S.D.N.Y. 1990).

Conclusion

With common sense and a good understanding of the legal parameters, companies can acceptably reference a competitor’s brand in an advertising campaign. But, given the heightened scrutiny trademark owners will give to the unauthorized uses of their market, caution should be taken to ensure that an advertisement avoids ambiguous language, which could cause consumers to be confused as to source, identity or sponsorship of the product or service. Anything even arguably deceptive or misleading must be avoided, and all direct factual comparisons must be substantiated.

If you are interested in more detail related to your situation it is best to speak with an attorney.

Megan K. Johnson is a business lawyer with over 7 years of experience. She helped champion securities crowdfunding at the local level and worked with the first company to successfully close an equity crowdfunding involving everyday investors. She is a partner at Founders Legal and can be reached at [email protected]

megan

Source: Smartup Legal

How to Make a Successful Crowdfunding Campaign – Video

Here is a video link to Dun & Bradstreet’s hangout session from January 22, featuring Jeffrey Bekiares. This session features insights into what makes a successful crowdfunding campaign–including rewards and equity based. Jeff’s perspective focuses equity crowdfunding and crafting the right approach to a winning campaign. Equity crowdfunding is similar to rewards in many ways, in that it takes preparation, sharp A/V elements, crowd identification and a solid outreach plan to succeed. It also differs, however in important ways. Specifically, equity crowdfunding requires legal compliance strategies and a longer lead time. Access the video to learn more.

 

 

If you are interested in more detail related to your situation it is best to speak with an attorney.

Jeffrey Bekiares is a securities lawyer with over 8+ years of experience, and is co-founder at both Founders Legal and SparkMarket. He can be reached at [email protected]

jeff

Source: Smartup Legal

Entity Formation Step by Step Guide – New Georgia Business

How Do I Form My Entity in Georgia?

The following are general, step-by-step instructions on properly forming your Company (Business Entity) in Georgia.

If you have any questions through out the guide please feel free to contact SmartUp.
Consult with an Attorney for Free

REQUIRED ITEMS:

1.) Company NameDecide on the Entity’s Name

  • Consider the following factors:
    • Is the name available in Georgia?
    • Is a suitable internet domain name available?
    • Have others registered Federal or state trademarks with that name?
    • Is anyone else using the name somewhere?

2.) File Online. Register your Entity through the Georgia Secretary of State.

  • http://sos.ga.gov/
    1. Select ‘Corporations’
    2. Select ‘File Online’
  • Register and login to the cGov360 Business Filings system
  • From the cGov360 Filing System Home Screen, select the Entity type, complete the application, and submit payment
  • Make sure that your application appears in the ‘Approved Services’ section of the Filing System.

3.) Receive Confirmation. The Georgia Secretary of State will confirm that your Entity has been formed.

  • 1-2 weeks for processing is typical, unless an expedited option is selected in the application

4.) Publicize the Entity Formation. Contact the County Newspaper (Legal Organ) and ask for a publication.

  • After you receive confirmation from the Georgia Secretary of State that the Entity is formed, contact the publisher of the Legal Organ in the county where the Entity is based.
  • A listing of Legal Organs in each Georgia County can be found here:
  • Ask the publisher for a Notice of Formation (of the Corporation or LLC).
    • Notice needs to be published for two (2) consecutive weeks
    • Notice costs no more than $40.00
    • Publisher should send you confirmation of publication

5.) Obtain an EIN. Request an Employer Identification Number (EIN) from the IRS (also referred to as a Tax ID)  

6.) Obtain GA DOR Tax ID Number. Register the Entity with the Georgia Department of Revenue (GA DOR)

  • Register with the GA DOR after you received the EIN from the IRS.
  • Registration can be accomplished online a http://dor.georgia.gov/tax-registration
  • The most common registrations are:
    • Withholding Tax
      • This should be done BEFORE the Entity hires a W-2 Employee, including owners, if applicable
    • Sales & Use Tax
      •  See the GA DOR webpage to see if your business is subject to the registration

7.) Obtain GA DOL Number. Register the Entity with the Georgia Department of Labor (GA DOL)

  • This should be done BEFORE the Entity hires a W-2 Employee, including owners, if applicable
  • Only a paper application is currently available, and it must be mailed to the GA DOL:

8.) Obtain a Business License. Issued by the County or City.

  • The filing location and procedures depend on the city where the Entity is located

9.) Sign Governing Documents. Obtain, sign and store the documents that govern the Entity.

  • Entity Specific Documents
    • If Corporation:
      • Shareholder Agreement
      • By-Laws
      • Shareholder Resolutions
      • Board Member Resolutions
    • If LLC:
      • Operating Agreement
      • Member Resolutions
      • Manager Resolutions (if applicable)
  • Intellectual Property Assignment Agreement for Founders
    • Transfers IP from individuals to the Entity, and is very important if the Entity’s business has any material that can be Patented or that is a Trade Secret
  • Vesting Agreements for Founders
    • A Restricted Stock Grant Agreement forces a Corporation’s Shareholder to ‘earn’ his or her stock over time of service to the Entity.
      • A Restricted Unit Grant Agreement does the same for an LLC
    • Section 83(b) Election
      • Used to avoid negative tax consequences of vesting
      • Should be filed individually by the Corporate Shareholders or LLC Members
  • If the Entity’s business will be conducted primarily via the Internet:
    • Terms & Conditions
      • For general interaction between the business and its customers
    • Privacy Policy
      • If any data or information is collected by the business
    • End User License Agreement (EULA)
      • If the business offers software that is used by its users
  • Obtain Company Employment Documents
    • Employment Agreements for future Employees
    • Contractor Agreements for future Independent Contractors

OPTIONAL, BUT RECOMMENDED:

1.) Open Bank Accounts. Use the Entity’s full, legal name and EIN.

  • Fund the accounts after opening

2.) Set up Internal Accounting System

  • Bookkeeping software, such as QuickBooks is highly recommended.
  • HIGHLY recommended that it be set up by professional accountant

3.) Secure Intellectual Property

  • Consult a licensed Intellectual Property Attorney about:
  •  Trademarks
    • To protect the Entity’s brand and reputation
  • Patents
    • To secure the Entity’s innovations, ideas

Business Formation 101 from SmartUp Legal

 

If you are interested in more detail related to your situation it is best to speak with an attorney.

Andrei Tsygankov is the Co-Founder and COO of SmartUp® and a partner at Founders Legal (Bekiares Eliezer LLP). As an attorney, Andrei specializes in corporate, commercial, trademark, and international business matters.

andrei

Source: Smartup Legal

Nest Patent – Occupancy Pattern Detection, Estimation and Prediction

OCCUPANCY PATTERN DETECTION, ESTIMATION AND PREDICTION

 

Inventors: FADELL; Anthony Michael(Portola Valley, CA) ; ROGERS; Matthew Lee(Los Gatos, CA) ; ROGERS; Kipp Avery(Chicago, IL) ; ISHIHARA; Abraham K.(Palo Alto, CA) ; BEN-MENAHEM; Shahar(Mountain View, CA) ; SHARAN; Rangoli(Sunnyvale, CA)

 

Applicant:
Name City State Country Type

NEST LABS, INC.
Palo Alto CA US
Assignee: NEST LABS, INC.
Palo Alto
CA
Family ID: 45807659
Appl. No.: 14/322724
Filed: July 2, 2014

 

Overview

 

This patent application discloses systems and methods for predicting and/or detecting occupancy of an enclosure, such as a dwelling or other building. Using an occupancy prediction engine in conjunction with data received from at least occupancy sensor installed in a dwelling, the present invention is able to perform a number of applications.

For example, applications that can benefit from accurate occupancy prediction include heating, ventilating and air conditioning (HVAC), lighting management, hot water heating and management, security, emergency response, and the management and charging of rechargeable batteries (e.g. for electric vehicles).

In general, applications that greatly benefit from occupancy prediction are those that particularly benefit from knowing or accurately estimating, in advance, when the structure will be occupied. The lead-time of the prediction will especially aid applications that have an inherent lag-time to reach a certain state. For example, heating and cooling a structure to an acceptable level has an associated lag time of several minutes to more than one hour.

Therefore it is beneficial to accurately predict ahead of time, when an occupant or occupants will be entering and/or leaving structure. Additionally, energy savings can be obtained due to predicting and/or detecting occupancy for both short term, such as intraday periods and long term, such as multi-day vacation periods, when the structure can remain unconditioned or more economically conditioned.

What is Claimed to be the Invention

 

Note: this application is still pending, and the scope of the patent protection granted, if any, may change during patent examination.

A system for predicting occupancy of an enclosure comprising:

  1. a model of occupancy patterns based in part on information regarding the enclosure and/or the expected occupants of the enclosure;
  2. a sensor configured to detect occupancy within the enclosure; and
  3. an occupancy predictor configured to predict future occupancy of the enclosure based at least in part on the model and the occupancy detected by the sensor.

A method for predicting occupancy of an enclosure comprising:

receiving a model of occupancy patterns based in part on information regarding the enclosure and/or the expected occupants of the enclosure;

receiving occupancy data from a sensor configured to detect occupancy within the enclosure, the occupancy data being indicative of the occupancy detected by the sensor; and

predicting, by a computing device, future occupancy of the enclosure based at least in part on the model and the occupancy data.

 

How it Works

 

The systems can include a prior (a priori) stochastic model of human occupancy, thermal comfort and activity patterns, based in part on information pertaining to the type, dimensions, layout and/or the expected average number of occupants of the structure (whether a home or other type of structure) and on the calendar (time of year, day of week, time of day), and also based on prevailing and forecast local weather conditions.

Such a stochastic model can have multiple parameters, which can be initially estimated from a questionnaire filled by residents and/or from accumulated statistical data for structures of type and usage, and occupant characteristics (i.e. according to household type) similar to the structure in question.

Over time, the parameters of the a priori stochastic occupancy, comfort, activity model, can be further trained using cumulative logs of sensor data acquired within the actual structure in question. For example, if the a priori model predicts the absence of occupants on Wednesdays during daytime, but occupancy sensors sense human presence on Wednesdays consistently for several weeks, the a priori behavior model can be corrected for this information.

As used herein the term “sensor” refers generally to a device or system that measures and/or registers a substance, physical phenomenon and/or physical quantity. The sensor may convert a measurement into a signal, which can be interpreted by an observer, instrument and/or system. A sensor can be implemented as a special purpose device and/or can be implemented as software running on a general-purpose computer system.

Known methods for electronic occupancy detection include acoustical detection and optical detection (including infrared light, visible, laser and radar technology). Motion detectors can process motion-sensor data, or employ cameras connected to a computer which stores and manages captured images to be viewed and analyzed later or viewed over a computer network. Examples of motion detection and sensing applications are (a) detection of unauthorized entry, (b) detection of cessation of occupancy of an area to extinguish lighting and (c) detection of a moving object which triggers a camera to record subsequent events. A motion sensor/detector is thus important for electronic security systems, as well as preventing the wasteful illumination of unoccupied space.

The occupancy prediction can be used in the actuation and/or control of an HVAC system for the enclosure or various other applications such as: home automation, home security, lighting control, and/or the charging of rechargeable batteries.

 

If you are interested in more detail related to your situation it is best to speak with an attorney.

Yuri Eliezer heads the intellectual property practice group at Founders Legal. As an entrepreneur who saw the importance of early-stage patent protection, Yuri founded SmartUp®. Clients he has served include Microsoft, Cisco, Cox, AT&T, General Electric, the Georgia Institute of Technology, and Coca-Cola.

yuri

Source: Smartup Legal

Importing a Product to the US Market without Infringing Patent Rights

Foreign companies often ask me what their first step to bringing a product to the US market should entail on the legal end. My answer is simple: make sure that your product would not infringe the intellectual property rights of others. When it comes to marketing and branding, a trademark search may suffice. When it comes to patents, however, there is a bit more digging that needs to be done.

A US patent holder has the right to ban the import of infringing products into the US for a period of 20 years. We must first perform a US patent search and to assess the state of the market in the US. From the search, we must identify the patents that are similar to your product. It is important to determine three things before importing a product that may be patented in the US:

  1. What exactly is patented?
    • Although they may appear technical in nature, Patents are complex legal documents. Every representation made in the patent document, the file history, and the examination record serves to define the scope of patent protection to which the patent holder may be entitled. A full analysis is necessary to determine what patent rights a patent holder has.
  2. Is the patent valid?
    • Patent laws often change and patents that were granted in the past often becoming invalidated due to new patent laws. Moreover, the patent holder must properly maintain his patent rights. Failure to do so will cause his patent rights to expire. We must make sure that the patent has been properly maintained. Lastly, a state-of-the art search may be performed to determine if any prior inventions may in fact have been publically available before the patent holder obtained his patent rights. These prior inventions may invalidate the patent holder’s rights.
  3. If the patent is valid, does importing our product “infringe” or “violate” the patent holders rights?
    • We must compare your product to the patented product, line-by-line, to determine if your product overlaps the scope of protection granted to the patent holder. There is much room for interpretation, so a careful assessment is necessary.

If you are interested in more detail related to your situation it is best to speak with an attorney.

Yuri Eliezer heads the intellectual property practice group at Founders Legal. As an entrepreneur who saw the importance of early-stage patent protection, Yuri founded SmartUp®. Clients he has served include Microsoft, Cisco, Cox, AT&T, General Electric, the Georgia Institute of Technology, and Coca-Cola.

yuri

Source: Smartup Legal

Patent Expiration – Should You Reapply on Your Provisional?

I have not started manufacturing and my provisional patent application has expired. Should I re-apply for a provisional patent or apply for a full utility patent?

Once a provisional patent application has expired, you may refile the same provisional application on condition that you have not publicly disclosed the subject matter of the application more than a year prior to the second filing.

Once you make a second provisional patent filing, you should then ‘convert’ your second filed provisional to a utility application within a year from your public disclosure date. Alternatively, you may file the utility application immediately (without filing a second provisional), as long as you are public disclosure date was less than a year prior.

If you are outside of the 1-year period of public disclosure, you have forfeited your patent rights to the subject matter that was publicly disclosed. See What is a public disclosure? Improvements you’ve made since the public disclosure may still be patentable, so long that the improvements haven’t also been publicly disclosed more than a year prior.

Note: Although you are permitted to file a US utility patent application within 1 year of the subject matter’s public disclosure date, most other countries in the world will not grant you patent rights if you’ve publicly disclosed the subject matter prior to a patent filing in at least one nation.

If no public disclosure has been made on the invention, you may keep refiling provisional applications upon expiration, as long as you see fit. However, when you decide to convert the provisional to a utility patent, you may only claim the patent priority date of the latest filed provisional. The earlier provisional filing dates will no longer be considered priority date eligible.

If you are interested in more detail related to your situation it is best to speak with an attorney.

Yuri Eliezer heads the intellectual property practice group at Founders Legal. As an entrepreneur who saw the importance of early-stage patent protection, Yuri founded SmartUp®. Clients he has served include Microsoft, Cisco, Cox, AT&T, General Electric, the Georgia Institute of Technology, and Coca-Cola.

yuri

Source: Smartup Legal

If You Develop an App with Someone Else, Who Owns the Patent & Copyright Rights?

Jack and Jill work at ACME. Jack is the owner of ACME who partnered with Jill to help develop some software. Jack and Jill never had a formal arrangement made in writing…

For various reasons, Jack and Jill are now ready to terminate their relationship. They each want to use the software that they built while working for ACME. So, they’ve compromised – Jack can use the software as a foundation for X while Jill can use the software as a foundation for Y. They now would like to know – What is the best legal arrangement for them?

First, we must determine who actually owns the software? ACME, Jack, Jill, or Jack and Jill? Since there are no documents detailing the terms by which Jack and Jill agreed to venture into jointly building the software for ACME, we can assume that ACME does not have any ownership of the software. It is now a question of ownership between Jack and Jill. For the sake of this example, Jack and Jill have conceded that they each own the software and the question of actual ownership is not an issue.

Accordingly, Jack and Jill are joint authors of the software which, if contains no patentable subject matter, is narrowly protected under copyright law. Joint authors each get 100% ownership of the entire work product. Likewise, joint-inventors for patentable software also each have 100% ownership for the entire work product.

As Joint Authors of the software, they each have 100% rights to the entire software. So, Jack can formally terminate his relationship with ACME and keep his rights to the software. Jill may do the same. In this scenario, Jack and Jill can compete with each other using the same software without any legal claims against each other.

However, since Jack and Jill don’t wish to create more conflict, Jack Inc. and Jill Inc. may then agree to their corresponding use of the software in a royalty free (optional) cross-licensing agreement. Jack would forbear his right to use the software in Jill’s field of business, while Jill would forbear her right to use the software in Jack’s field of business.

This agreement, however, would have a loophole. For example, if the software is not patented, Jack could simply recreate the cross-licensed software using different lines of code. We must remember, copyrights on software code are ‘narrow’ forms of IP protection – it does not protect the function of the software modules or interaction between the software modules. It simply protects the lines of code used to create them.

If Jack and Jill would like to prevent each other from circumventing their licensing agreement in the aforementioned scenario, their license agreement could have a clause prohibiting the use of derivative works without subsequent derivative work cross-licensing agreements. There are many favorable reasons for creating this scenario, as Jack and Jill may continue to cross-license any future derivatives of the software for each other’s mutual benefit (if they so desire).
If you are interested in more detail related to your situation it is best to speak with an attorney.

Yuri Eliezer heads the intellectual property practice group at Founders Legal. As an entrepreneur who saw the importance of early-stage patent protection, Yuri founded SmartUp®. Clients he has served include Microsoft, Cisco, Cox, AT&T, General Electric, the Georgia Institute of Technology, and Coca-Cola.

yuri

Source: Smartup Legal

Website Terms and Conditions, Why Do I Need Them?

Three Ways The Most Boring Page on Your Website Offers Critical Protection

Although web professionals spend almost no time on it, website terms and conditions govern the relationship between your company (or the entity running the website) and visitors, users and customers. So, as a founder, this page shouldn’t be ignored. Depending on the type of business you have, there are specific provisions you should include in your terms and conditions to make sure your company’s unique risks are mitigated. However, highlighted below are some general provisions that are a good idea for most companies with a web presence to address.

1. E-Commerce:

If you are selling goods through your website, your terms and conditions are especially important. You should make sure to include your return policy, whether you will make full refunds for dissatisfied customers, and what transit risk you are comfortable taking on – for example, will you be responsible if a product breaks when a customer is shipping back a return? Disclaimers on your liability and any warranty you make in reference to your product are also critical.

2. Protect Your Original Material:

When you put your work on the internet, you are literally making your hard-earned wisdom or recommendations available to the entire world. To protect against any improper third party use, you may need to prominently display notices regarding copyright or trademark. Additionally, to protect against a visitor who may use your content in a manner that you did not intend or who relies on the information you provide to his or her detriment, you should be sure to include appropriate disclaimers and limitations of liability.

3. User-Submitted Information:

If your site displays any information submitted by users (including standard “user profile” details), you should limit your liability from any libelous or offensive material, as well as any material that may infringe on the intellectual property of others. In addition to specifically disclaiming liability, you must also develop policies around when you will monitor and remove content and clearly state these policies in your terms and conditions.

To conclude, if given proper attention, you are entitled to largely ignore the terms and conditions of your website, so long as you initially make sure they adequately protect you and remain up to date. If so, the only time you’ll refer to them is to help you out of a jam. But if no attention is given to this boring little page, you may pay later with unmitigated legal exposure. Make sure to consult an attorney to ensure that your particular company risks are being appropriately mitigated.

 

If you are interested in more detail related to your situation it is best to speak with an attorney.

Megan K. Johnson is a business lawyer with over 7 years of experience. She helped champion securities crowdfunding at the local level and worked with the first company to successfully close an equity crowdfunding involving everyday investors. She is a partner at Founders Legal and can be reached at [email protected]

megan

Source: Smartup Legal

Making a Successful Equity Crowdfunding Campaign in 2015 – Tips

As businesses prepare for fundraising 2015, more and more will wade into the pool of equity crowdfunding. For small and emerging businesses, equity crowdfunding offers the attractive prospect of raising risk capital and growing a loyal customer base. But it is also a difficult process to navigate. Below we discuss three critical elements of this process for businesses to address.

Behind the Page

Construction of a successful equity crowdfunding campaign takes hard work, dedication and time. As the old maxim goes: preparation, preparation, preparation! We recommend that companies prepare for an equity crowdfunding campaign at least 3 months prior to the online launch of the company’s crowdfunding page. This time generally includes:

  • Identifying your crowd (from a user/customer base analysis),
  •  Preparing your channels strategy for reaching that audience (traditional media, social media, events, etc.),
  • Producing your critical elements (pitch video, audio, slides), and
  • Securing your legal footing (remember, equity crowdfunding is much more legally complicated than a traditional rewards/donation based campaign).
  • The foregoing work takes place “behind the page”. The ultimate supporters of the campaign may never actually see all the work that goes behind the page, but they may never see the campaign at all without it.
On the Page

The list of operative equity crowdfunding sites is likely to continue expanding in 2015. (See Equity Crowdfunding Sites). Currently, only accredited investor (SEC Rule 506(c)) and intrastate only platforms are operational. However, this list is itself expanding, and the list of successes is growing. Companies should choose a platform they are comfortable with according to its user profile and the ease of use.

Once a platform is selected, companies should use all of the time they need to build an elegant, functional and informative page. The video should be kept to 3 minutes (maximum) and include a clear collaborative call to action. Ease of use is key. The more complicated the pitch is “on the page”, the more likely the company is to lose potential supporters.

Beyond the Page

Companies may fail to reach their goal in an equity crowdfunding campaign for any number of reasons. Often these reasons relate a failure by the company to think “beyond the page”. Companies tend to follow belief that crowdfunding is an online-only phenomenon. This is a fallacy. The page only creates an organization space and channel; not a substantive connection.

To supplement the material on their crowdfunding page, companies should also plan as much outreach as possible (and as legally permissible) outside of their crowdfunding page to reach their target audience. This outreach should include some combination of the following elements:

  • Digital Marketing;
  • E-mail Marketing;
  • Launch Party;
  • Public and Private Events; and
  • Investor Meet-ups.

By engaging in as many contact points as possible “beyond the page”, companies increase the likelihood that they will reach their target audience and, in turn, the funding goals for their campaign.

It should be noted, however, that many of the foregoing strategies have securities laws implications that are unique to the equity crowdfunding space. It is therefore important to abide by all such laws and consult an experienced professional prior to the launch of any campaign.

If you are interested in more detail related to your situation it is best to speak with an attorney.

Jeffrey Bekiares is a securities lawyer with over 8+ years of experience, and is co-founder at both Founders Legal and SparkMarket. He can be reached at [email protected]

jeff

Source: Smartup Legal