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43(B)log

43(B)log

Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.

http://tushnet.blogspot.com/
  • Sep 27

    It's false advertising, Charlie Brown!

    It's false advertising, Charlie Brown!
    Consider this story about "canned pumpkin" actually being squash.  False advertising, even if compliant with FDA regulations?http://tushnet.blogspot.com/feeds/posts/default?alt=r
  • Sep 27

    Star Trek, fan films and transformative use

    Star Trek, fan films and transformative use
    I have a conversation with Henry Jenkins on these topics up at his blog.http://tushnet.blogspot.com/feeds/posts/default?alt=r
  • Sep 26

    Advertiser's self-voting on positive reviews as "helpful" may be false advertising

    Advertiser's self-voting on positive reviews as "helpful" may be false advertising
    Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 5106990, No. 13-CV-982 (D. Utah Sept. 19, 2016)Following up on its previous opinion, the court rules again about the possible falsity of reviews posted in exchange for undisclosed gifts of the…
Rank this Week: 678

Likelihood of Confusion

Likelihood of Confusion

Covers developments in trademark, copyright, new media and free speech. By Ron Coleman.

http://www.likelihoodofconfusion.com
  • Sep 27

    Free “legal” advice — pro bono, that i

    Free “legal” advice — pro bono, that i
    What do you know?  No one can own “pro bono” — regardless of how it’s spelled.  John Welch: The USPTO refused registration of the mark PROBOKNOW, in standard character form, deeming it merely descriptive of…
  • Sep 16

    Twice as nice in Ohio

    Twice as nice in Ohio
    Two times twice, really.  Next week I will be presenting in Ohio for the second time, which is nice twice once. Nice twice twice is that this second presentation is the 26th All Ohio Annual Institute on Intellectual Property…
  • Sep 9

    Official, municipal and trademarkable

    Official, municipal and trademarkable
    Originally posted 2012-07-23 14:01:30. Republished by Blog Post PromoterA long time ago I asked this question about the aggressive IP — or quasi-IP — enforcement policy of New York’s Metropolitan Transit Authority: [T]he…
Rank this Week: 183

Fashion Counsel with Anthony V.…

Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog highlights critical issues for designers, retailers, and manufacturers.

http://www.fashioncounsel.com/
Rank this Week: 1793

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Sep 27

    A new NHL team: The Las Vegas Silver (or Desert) (or Golden) Knight

    A new NHL team: The Las Vegas Silver (or Desert) (or Golden) Knight
    Have you heard about the NHL’s newest, not-yet-fully-named hockey team, based in Las Vegas? Although the team’s inaugural season will not begin until October 2017, season tickets have already sold out. This exciting…
  • Sep 26

    How Would You Pronounce Infringement?

    How Would You Pronounce Infringement?
    Last week, we discussed Caribou Coffee’s billboard ad referencing transparency — this week another installment from Caribou’s current Minneapolis skyway billboard campaign: That one made me think of this one, a post from a…
  • Sep 23

    Michigan v. M22: The Road Sign Trademark Battle

    Michigan v. M22: The Road Sign Trademark Battle
    If you’ve ever driving north through Michigan, particularly during the autumn leaf season, I highly recommend taking the popular “scenic route,” that is, the route bordering the shore of Lake Michigan along the Leelanau…
Rank this Week: 310

The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin, branding, replacement parts, famous marks, grey goods and Madrid Protocol. By Marty Schwimmer.

http://www.schwimmerlegal.com/
  • Sep 26

    Lawsuit re FOOTBALL FACTORY AT LEGENDS

    Lawsuit re FOOTBALL FACTORY AT LEGENDS
    We need Men In Blazers to sort this one out. Allegations that employee of NYC bar stole FOOTBALL FACTORY trademark.
  • Sep 19

    2d Cir: Brown v Winfrey re OWN YOUR POWER

    2d Cir: Brown v Winfrey re OWN YOUR POWER
    Blogged previously here and here. Plaintiff fails to establish protectability of OWN YOUR POWER, and likelihood of confusion arising from Oprah’s use on magazine cover and other usages.
  • Sep 14

    SDNY: LVL XIII v LV re Metal toe plate

    SDNY: LVL XIII v LV re Metal toe plate
    107 page decision by Engelmeyer, J. Plaintiff targets its LVL XIII (Level 13) sneaker at the luxury ($500) market. The sneaker has a metal toe plate with LVL XIII engraved on it: Plaintiff’s sneaker got some traction: a few celebrities…
Rank this Week: 237

Consumer Advertising Law Blog

Consumer Advertising Law Blog

Covers consumer marketing, advertising and promotional activities. By Arnold & Porter.

http://www.consumeradvertisinglawblog.com/
  • Sep 26

    Upcoming Webinar: Navigating the Patchwork of Federal Laws and Regulations Governing IoT

    Upcoming Webinar: Navigating the Patchwork of Federal Laws and Regulations Governing IoT
    The editors of the Seller Beware Blog want to let our readers know about an upcoming webinar that may be of interest to you, entitled, “Navigating the Patchwork of Federal Laws and Regulations Governing IoT”. [Full disclosure: Our…
  • Sep 15

    Upcoming Webinar: Proposition 65 -- Big Changes to California’s Warning Regulation

    Upcoming Webinar: Proposition 65 -- Big Changes to California’s Warning Regulation
    The editors of the Seller Beware Blog want to let our readers know about an upcoming webinar that may be of interest to you, entitled, “Proposition 65 -- Big Changes to California’s Warning Regulations”. [Full disclosure:…
  • Sep 14

    New Changes to Proposition 65 “Safe Harbor” Warning

    New Changes to Proposition 65 “Safe Harbor” Warning
    On August 30, 2016, the California Office of Administrative Law approved California’s nearly three-year effort to overhaul Proposition 65’s longstanding warning regulations. The new regulations are a significant departure from the…
Rank this Week: 4792

Mouse Print

Mouse Print

Exposing the strings and catches in advertising fine print and analyses the legal meaning and enforceability.

http://www.mouseprint.org
  • Sep 26

    Non-HP Ink Cartridges Suddenly Stop Working in Some HP Printer

    Non-HP Ink Cartridges Suddenly Stop Working in Some HP Printer
    Hewlett Packard inkjet printer users often buy generic printer cartridges to save money compared to the HP branded ones. Earlier this month however, those no-name cartridges mysteriously stopped working in some HP printers giving users error…
  • Sep 19

    Fake News Websites with Fake Celebrity Endorsements Begin Scamming Again

    Fake News Websites with Fake Celebrity Endorsements Begin Scamming Again
    They’re back! Websites that impersonate TV news stations, magazines, or entertainment sites that disappeared about five years ago after being sued by the FTC are making a comeback. For example, there are dozens of links online to…
  • Sep 12

    Amazon’s Pooled Inventory Increases Chances for Fraud and Altered Seller Rating

    Amazon’s Pooled Inventory Increases Chances for Fraud and Altered Seller Rating
    Not everything sold on Amazon comes from Amazon. It has “marketplace” sellers too. These are independent third party companies that in essence pay Amazon to include their offerings in Amazon’s product listings. Some of the…
Rank this Week: 850

Adlaw By Request

Adlaw By Request

Covers legal and regulatory activities pertaining to advertising and marketing. By Reed Smith LLP.

http://www.adlawbyrequest.com/
  • Sep 22

    Federal Court Holds That Casino In Video Game App Is Not A Gambling Device

    Federal Court Holds That Casino In Video Game App Is Not A Gambling Device
    A Federal court in Illinois dismissed a class action lawsuit against Machine Zone, Inc. Machine Zone is the maker of the popular “Game of War” mobile app.  Although the app can be downloaded for free, a portion of the game,…
  • Sep 16

    New York Marathon Settles Illegal Lottery Litigation

    New York Marathon Settles Illegal Lottery Litigation
    Last week, the New York Road Runners (“NYRR”) settled a class action lawsuit regarding their famed New York City Marathon and other New York-area races. The class action lawsuit was filed in March 2016, alleging that NYRR charged…
  • Sep 14

    Autozone Sued Over Its Loyalty Program

    Autozone Sued Over Its Loyalty Program
    Late last week, a class action lawsuit was filed in California state court against AutoZone. The case was filed pursuant to AutoZone’s rewards program.  According to the complaint, AutoZone’s loyalty program provides…
Rank this Week: 3747

AdLaw By Request

AdLaw By Request

Covers the law and regulation of advertising and marketing. By the Reed Smith Advertising Compliance Team.

http://www.adlawbyrequest.com
  • Sep 22

    Federal Court Holds That Casino In Video Game App Is Not A Gambling Device

    Federal Court Holds That Casino In Video Game App Is Not A Gambling Device
    A Federal court in Illinois dismissed a class action lawsuit against Machine Zone, Inc. Machine Zone is the maker of the popular “Game of War” mobile app.  Although the app can be downloaded for free, a portion of the game,…
  • Sep 16

    New York Marathon Settles Illegal Lottery Litigation

    New York Marathon Settles Illegal Lottery Litigation
    Last week, the New York Road Runners (“NYRR”) settled a class action lawsuit regarding their famed New York City Marathon and other New York-area races. The class action lawsuit was filed in March 2016, alleging that NYRR charged…
  • Sep 14

    Autozone Sued Over Its Loyalty Program

    Autozone Sued Over Its Loyalty Program
    Late last week, a class action lawsuit was filed in California state court against AutoZone. The case was filed pursuant to AutoZone’s rewards program.  According to the complaint, AutoZone’s loyalty program provides…
Rank this Week: 3748

The Brand Protection Blog

The Brand Protection Blog

Covers developments and trends in all areas of the law that impact brands, including the creation, promotion and protection of branded products and services. By Norton Rose Fulbright.

http://www.thebrandprotectionblog.com
  • Sep 21

    The risky business of allusive trade marks in South Africa

    The risky business of allusive trade marks in South Africa
    When a trader adopts words in common use for his trade name, some risk of confusion is inevitable. But the risk must run unless the first user is allowed to unfairly monopolise the words. This dictum from a 1946 House of Lords judgement still…
  • Sep 19

    Seattle Seahawks fans still the 12th Man under new trademark licensing deal with A&M

    Seattle Seahawks fans still the 12th Man under new trademark licensing deal with A&M
    Football season is upon us, and fans of the Seattle Seahawks were no doubt celebrating the thrilling 12-10 victory over the Miami Dolphins during their first game of the season on Sunday, September 11, 2016. Seattle fans, who have been…
  • Sep 14

    NY Court Says No Grand Theft of Stars’ Publicity Rights. What About California?

    NY Court Says No Grand Theft of Stars’ Publicity Rights. What About California?
    In July, the Brand Protection Blog reviewed potential “right of publicity” claims that might have been brought by celebrities whose wax “look alikes” appeared in Kanye West’s “Famous” music video.…
Rank this Week: 2150

The Brand Protection Blog

The Brand Protection Blog

Reports on developments and trends in all areas of the law that impact brands, including the creation, promotion and protection of branded products and services. By Norton Rose Fulbright.

http://www.thebrandprotectionblog.com/
  • Sep 21

    The risky business of allusive trade marks in South Africa

    The risky business of allusive trade marks in South Africa
    When a trader adopts words in common use for his trade name, some risk of confusion is inevitable. But the risk must run unless the first user is allowed to unfairly monopolise the words. This dictum from a 1946 House of Lords judgement still…
  • Sep 19

    Seattle Seahawks fans still the 12th Man under new trademark licensing deal with A&M

    Seattle Seahawks fans still the 12th Man under new trademark licensing deal with A&M
    Football season is upon us, and fans of the Seattle Seahawks were no doubt celebrating the thrilling 12-10 victory over the Miami Dolphins during their first game of the season on Sunday, September 11, 2016. Seattle fans, who have been…
  • Sep 14

    NY Court Says No Grand Theft of Stars’ Publicity Rights. What About California?

    NY Court Says No Grand Theft of Stars’ Publicity Rights. What About California?
    In July, the Brand Protection Blog reviewed potential “right of publicity” claims that might have been brought by celebrities whose wax “look alikes” appeared in Kanye West’s “Famous” music video.…
Rank this Week: 778

Advertising Law Blog

Advertising Law Blog

Provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. By Olshan Frome Wolosky LLP.

http://www.olshanlaw.com/blogs-Advertising-Law-Blog
Rank this Week: 1219

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
  • Sep 3

    Major Brand Agrees to Penalty in CASL (Canadian Anti-spam Law) Consent Case

    Major Brand Agrees to Penalty in CASL (Canadian Anti-spam Law) Consent Case
    On September 1, 2016, Kellogg Canada Inc. (“Kellogg”) agreed to pay a $60,000 penalty in relation to an alleged violation of the consent provision of Canada’s federal anti-spam legislation (CASL) under a voluntary…
  • Aug 25

    Canada Increases Scrutiny of Online Paid Endorsement

    Canada Increases Scrutiny of Online Paid Endorsement
    An interesting Canadian Business article on paid endorsements caught my eye earlier today. It discusses the increasing scrutiny of advertising regulators in Canada and the United States to require clear disclosures of material connections for…
  • Aug 18

    Contest Law: Pinterest Quietly Updates Its Promotion Guideline

    Contest Law: Pinterest Quietly Updates Its Promotion Guideline
    Guest post by Brian D. Fergemann Partner, Winston & Strawn LLP (Chicago) August 18, 2016 Earlier this year, Pinterest quietly updated its guidelines for conducting contests and other types of promotions on the Pinterest platform. Those…
Rank this Week: 2929

Troll Defense

Troll Defense

Tips and commentary for individuals accused of civil liability for Internet activities. By Benjamin Justus.

http://www.troll-defense.com/
  • Aug 10

    “London Has Fallen” in Hawai’i BitTorrent Suit

    “London Has Fallen” in Hawai’i BitTorrent Suit
    Notorious BitTorrent plaintiff LHF Productions, Inc. has expanded its nationwide litigation campaign to Hawaii, with recent copyright lawsuits against scores of “Doe” defendants in the U.S. District Court for the District of…
  • Aug 10

    Mindless Zombie Flick “Cell” Staggers into Seattle Federal Court

    Mindless Zombie Flick “Cell” Staggers into Seattle Federal Court
    Two new copyright actions were filed the U.S. District Court for the Western District of Washington by CELL Film Holdings, LLC, which claims copyrights to the John Cusack/Samuel L. Jackson zombie-themed…
  • Aug 10

    Zombie Flick “Cell” Stalks BitTorrent Users in Oregon

    Zombie Flick “Cell” Stalks BitTorrent Users in Oregon
    CELL Film Holdings, LLC, which claims copyrights to the John Cusack/Samuel L. Jackson zombie-themed movie Cell, has filed several BitTorrent copyright infringement suits in the U.S. District Court for the District of…
Rank this Week: 1753

Information Law Group

Information Law Group

Covers advertising law, privacy, information security and intellectual property.

http://www.infolawgroup.com/
  • Aug 5

    Partner Justine Gottshall Interviewed by Cybersecurity Law Report

    Partner Justine Gottshall Interviewed by Cybersecurity Law Report
    Partner Justine Young Gottshall was interviewed regarding key issues for mobile apps in the Cybersecurity Law Report on August 3, 2016 (note that subscription or registration for a free trial required to access full article). Is…
  • Jun 30

    The NAD’s First Native Ad Case Since Issuance of FTC Native Ad Guide

    The NAD’s First Native Ad Case Since Issuance of FTC Native Ad Guide
    Just five months after the Federal Trade Commission (“FTC”) released its Native Ads Policy Statement, the National Advertising Division of the Better Business Bureau (“NAD”) has followed suit and issued a decision in…
  • Jun 28

    InfoLawGroup LLP Formalizes Privacy in M&A Practice

    InfoLawGroup LLP Formalizes Privacy in M&A Practice
    InfoLawGroup announces that it has formalized its Privacy in M&A practice group, which brings together its experienced attorneys to work closely with clients on the privacy and security issues that can arise when purchasing, investing in,…
Rank this Week: 3719

OberIPWatch

OberIPWatch

Covers IP issues of importance to clients in science, technology, healthcare, education, media and the arts. By Ober Kaler.

http://oberipwatch.com/
Rank this Week: 2921

Throughout the Universe

Throughout the Universe

Offers perspectives on law for the creative business. By Dane Johnson.

http://www.issbusinesslaw.com
Rank this Week: 2028

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 1215

Ad Briefs: Covering Your Ads

Ad Briefs: Covering Your Ads

Covers legal issues affecting interactive, sports and entertainment marketing and promotions. By Sheppard Mullin Richter and Hampton LLP.

http://www.coveringyourads.com/
Rank this Week: 1196

Legal Bytes

Legal Bytes

Covers digital advertising, new media, e-commerce and the law. By Reed Smith.

http://www.legalbytes.com
  • Jan 19

    The Paradox of Illumination

    The Paradox of Illumination
    I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally.  Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and stimulating…
  • Jan 19

    The Paradox of Illumination

    The Paradox of Illumination
    I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally.  Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and stimulating…
  • Jan 14

    Curiosity

    Curiosity
    Curiosity requires a sense of inquisitiveness. Not all inquiries reflect curiosity, curiosity is inquisitive by nature. Curiosity is the desire to learn by asking questions, dissecting, examining, exploring and investigating. Curiosity is at…
Rank this Week: 3814

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 2625

Business Litigation Info

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 2926

Trade Regulation Talk

Trade Regulation Talk

Covers antitrust, consumer protection, franchising, advertising, privacy, and civil RICO law. By John W. Arden.

http://traderegulation.blogspot.com/
  • Jul 14

    Justice Department asked to investigate Amazon’s "monopolization" of book market

    Justice Department asked to investigate Amazon’s "monopolization" of book market
    This posting was written by Jeffrey May, J.D.A group of authors, and the American Booksellers Association—a trade association representing independently-owned bookstores—are asking the Department of Justice to scrutinize the…
  • Jul 7

    New Texas law says franchisors are not employers of franchisees or their employee

    New Texas law says franchisors are not employers of franchisees or their employee
    This story was written by Edward L. Puzzo, J.D.Texas has enacted legislation, effective September 1, 2015, specifying that franchisors will not be considered to be the employers of--or in a co-employment relationship with--either franchisees…
  • May 2

    Mergers Reported under HSR Act Down Slightly in FY 2012

    Mergers Reported under HSR Act Down Slightly in FY 2012
    This posting was written by Tobias J. Gillett, Contributor to Wolters Kluwer Antitrust Law Daily. The number of mergers reported under the Hart-Scott-Rodino (HSR) Premerger Notification Program between October 1, 2011 and September 30, 2012…
Rank this Week: 534

Consumer Advocate Legal Update

Consumer Advocate Legal Update

Discusses consumer law, class action lawsuits, advertising law, business law, copyright, and other topics. By Khorrami, LLP.

https://consumeradvocatelegalupdate.wordpress.com
  • Nov 17

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic
    Have you ever planned to make a purchase of an item solely because you thought it was on sale, only to find out at the cash register that the item is being sold at full-price? If so, you are not alone. Consumers in California have banned…
  • Nov 17

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic
    Have you ever planned to make a purchase of an item solely because you thought it was on sale, only to find out at the cash register that the item is being sold at full-price? If so, you are not alone. Consumers in California have banned…
  • Nov 17

    Tylenol Liver Failure Lawsuit

    Tylenol Liver Failure Lawsuit
    Tylenol, the #1 doctor recommended brand of pain relief and a name trusted by Americans for years to treat aches and reduce fevers, has been linked to liver failure. A Tylenol liver failure lawsuit has been filed against Johnson &…
Rank this Week: 2626

AdMark Buzz

AdMark Buzz

Covers trademark, copyright, advertising, infringement and intellectual property law. By Locke Lord.

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3321