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You may be tempted this time of year to create advertising featuring The Elf on the Shelf ® (“TEOTS”) interacting in humorous ways with your product or service. DON’T! While your audience may engage and enjoy such a campaign, TEOTS products should not be used to promote or endorse your products or brands. TEOTS’s 2015 Specialty Retailer Asset Guidelines state that doing so without express written consent from TEOTS may constitute intellectual property infringement.
Every week, one of my partners tells me about a court decision in which a bank lender blew the statute of limitations and lost the right to foreclose. Almost all of these cases involve securitized loans with incompetent "foreclosure factory" lawyers and inattentive bankers. However, there is one important lesson that even the most diligent lender should learn.
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