5 Marketing Mistakes That Can Get You Into Legal Trouble

5 Marketing Mistakes That Can Get You Into Legal Trouble

Marketing is public, so when you put out any marketing material in prints, videos, or audio, you’ll likely be unable to retrieve or erase it. In the rush and excitement to get your business to stay on top and gather more customers, you may make costly mistakes that can land you into legal trouble.

Marketing is great and can boost your business’ revenue; however, mistakes can significantly impact your business. Hence, there’s a need to ensure your marketing stays within advertising laws. For that reasons you can go through many abm case studies.

It may help you to consult trademark lawyers in San Diego, California before pushing out marketing materials. This will help you avoid infringing on another person’s trademark or let you ensure your marketing falls within the law.

Regardless, you should know what to avoid during your marketing campaigns, and that’s what this article will help you with.

5 marketing mistakes to avoid to prevent legal trouble

As a business owner, you should understand that every business’ rights are protected under the law, and yours isn’t an exception. However, this isn’t an avenue for you to carry on with marketing activities carelessly.

Marketing laws exist so every business can thrive in the marketplace. However, making some mistakes can bring legal consequences.

Here are marketing mistakes you shouldn’t make.

1.   Using someone else’s trademark

Using someone else’s trademark is a complete infringement of their rights. With the advent of the internet, it’s easy for people to download and use people’s trademarks in their marketing materials. It’s even easier for the owner to discover that an unauthorized person used their trademark.

You don’t just browse the internet and copy and paste people’s trademarks into your marketing materials. You could ruin your business’ reputation and pay costly damages to the infringed upon. After all, you can’t profit from another person’s trademark without permission.

To use someone else’s trademark, you must ask permission to use it for marketing. The owner may permit you freely or, on some occasions, arrange a licensing agreement.

It’s best to find out whether you can use a trademark rather than get sued for using it without permission. You can also speak to a trademark attorney regarding this.

2.   Sending spam email

Incessant emails can be annoying, and no one likes to receive them. If you send too many unwanted emails, users might earmark them as spam. Their ISPs could block your email, or your provider may shut down your campaign. However, that may be the least of your worries when you’re served a fine for breaking the CAN-SPAM law.

You could pay up to $16,000 per email you send. The laws are clear, and you should read them so you can ensure your email marketing is within the law. Your email marketing must adhere to the rules, including:

  • Not using deceptive subject lines
  • Adding your location address to the footer of the email
  • Leaving information on how users can opt-out of getting emails from you
  • Honoring opt-out requests quickly
  • Identifying your message as an ad
  • Monitoring your email marketing if you hire another company to handle it
  • Not using false header information

3.   Defaming a company

Defamation is serious, whether it’s towards a person or a business. It’s damaging and can ruin the other person’s business and reputation. A competitor can sue you if you defame them in your marketing activities. Therefore, you shouldn’t attack any competitors in your marketing efforts.

Furthermore, you should engage in comparative advertising with caution. Don’t draw direct comparisons in your marketing, or competitors may sue you. Even at that, you should speak to a lawyer about whether you are in the right and the possible consequences.

You should also adhere to advertising laws regarding using another person’s trademark in your marketing. You may claim it’s fair use or comparative advertising when it’s completely different. If you get sued for defamation, you’ll not only pay damages, but may also damage your business’ reputation in the process.

4.   Using misleading or false advertising

You must not use false or misleading information in your marketing. All businesses must follow advertising rules, whether your business is small, large, local, or all over the country. Using false information can have your marketing ruled as deceptive.

Furthermore, you’re already breaching marketing laws if you use misleading information or intentionally leave out important ones to get customers to opt in. For example, claims about a product’s safety or health benefits must follow the law. If you make a claim, be ready to back it up with data.

The penalty you may suffer from false or misleading advertising depends on the scope of the ad and the potential damage it has on the users or competition. Ensure you read and understand the different marketing rules to avoid mistakes clearly.

5.   Don’t make claims you can’t support

In the marketing world, you must not make claims that you cannot support. Whether about the wonders of your products or services or other businesses. If you make a superiority claim about being the best in the market, you must be ready to defend it.

Other businesses can challenge you, and you may have to take down the claim if you cannot defend it. You may even need a law attorney to defend you in court. However, you can save yourself from embarrassment or stress if you understand what not to put out for marketing. Compliance with the law is key.


Marketing is a great way to draw more people to your business. Marketing efforts, however, must be true and adhere to the law. As a business owner, understanding marketing laws is crucial for your business to avoid legal trouble.