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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/
  • Oct 8

    Future of Music conference announcement w/scholarship

    Future of Music conference announcement w/scholarship
    The Future of Music Coalition's 14th annual Policy Summit ( http://futureofmusic.org/summit ) is October 27-28 in Washington, DC. It is offering scholarships for students and musicians starting at $25 for both days. From FOMC: Future of…
  • Oct 8

    How to analyze fame on the pleading

    How to analyze fame on the pleading
    Leapers, Inc. v. SMTS, LCC,  2014 WL 4964376, No. 14–CV–12290 (E.D. Mich. Oct. 3, 2014)Leapers alleged trade dress rights “in the distinctive scalloping design applied to the adjustment knobs and bells of its rifle…
  • Oct 7

    The language of consumer review

    The language of consumer review
    Via Eric Goldman's roundup, the best thing I've seen all day:In a recent study we used computational linguistics to examine a million reviews on the web and found that when people write a 1-star review, they use the language of trauma:…
Rank this Week: 107

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/
  • Aug 21

    Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Case

    Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Case
    On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been…
  • Aug 13

    False Advertising and Antitrust Law: Sometimes the Twain Should Meet

    False Advertising and Antitrust Law: Sometimes the Twain Should Meet
    Imagine that a drug manufacturer figured out how to compete with a blockbuster drug by making a cheaper and more effective alternative. The pharmaceutical company that makes the blockbuster drug starts flooding the market with false…
  • Nov 6

    Rash California Minors Get An Online "Eraser Button"

    Rash California Minors Get An Online "Eraser Button"
    By Elizabeth Barcohana We’ve all done it: typed or tapped out a message, posted it online, and immediately wished we hadn’t and that we could just erase it from the Internet forever. Now, if you are a California minor, you can. …
Rank this Week: 2020

Ad Nauseam

Ad Nauseam

Covers legal issues in advertising and media.

http://www.adnauseamblog.org/
  • May 15

    The Internet: An International Affair

    The Internet: An International Affair
      In today’s world, almost everything you do on the Internet is being tracked. Whether it is by your friends and family on social networking sites, or advertisers looking to serve more relevant advertisements based on your online…
  • Apr 9

    Do False Advertising Suits Have a Leg to Stand On Anymore?

    Do False Advertising Suits Have a Leg to Stand On Anymore?
        It’s not often the Supreme Court issues opinions that directly impact intellectual property issues, but just a week ago, the Court shed some light on who may sue for a false advertising claim under the Lanham Act. In…
  • Apr 7

    Electronic Cigarette Advertising: What Regulations Can Be Expected?

    Electronic Cigarette Advertising: What Regulations Can Be Expected?
    Electronic cigarettes have garnered much press over the past few weeks. In an article for the New York Times entitled “Selling a Poison by the Barrel: Liquid Nicotine for E-Cigarettes”, Matt Richtel points to statistics of…
Rank this Week: 3014

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Oct 21

    Stay in Tune with SAG-AFTRA

    Stay in Tune with SAG-AFTRA
    Join us for the Join Policy Committee's Chicago Town Hall Meeting, hosted by Talent Partners.  Topics include: Resolution of SAG-AFTRA CBA Issues Overview of the Audit Process Recent SAG-AFTRA Arbitrations Ad-ID …
  • Oct 20

    Today's Hot Topic: Controversial Issues in Advertising

    Today's Hot Topic: Controversial Issues in Advertising
    From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves controversial issues of public importance in advertising, also known as advocacy…
  • Oct 10

    Viewer Discretion Is Advised - UK to Apply Film Ratings to Music Video

    Viewer Discretion Is Advised - UK to Apply Film Ratings to Music Video
    The British Board of Film Classification (BBFC), the body long responsible for providing ratings on theatrical films in the UK, recently launched a voluntary pilot program designed to protect children from watching inappropriate content…
Rank this Week: 2768

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 2514

Advertising Industry Litigation…

Advertising Industry Litigation Blog

Covers advertising law and litigation. By Theodora Oringher.

http://www.advertisingindustrylitigation.com/
  • Nov 19

    More About FTC’s Native Advertising Workshop

    More About FTC’s Native Advertising Workshop
    In a previous blog, I advised that the FTC was hosting a workshop on native advertising on December 4, 2013 in Washington D.C.  The FTC has now announced the agenda and panelist for the workshop.   Here is a link to the agenda.…
  • Oct 15

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013
    If you are in the telemarketing industry, chances are you have had this date circled on your calendar for over a year and have spent part of that time planning and preparing for the new TCPA rules to ensure your business is in strict…
  • Sep 18

    FTC Eyeing Native Advertising

    FTC Eyeing Native Advertising
    It’s digital.  It’s popular.  And it could cause consumer confusion.  So it was inevitable it would peak the interest of the FTC.  Just this week, the FTC announced it will host a workshop on December 4, 2013…
Rank this Week: 3090

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: 1536

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/
Rank this Week: 1363

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 4551

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Oct 15

    FTC Alleges Bitcoin-Mining Ads Were More Than a Bit Misleading

    FTC Alleges Bitcoin-Mining Ads Were More Than a Bit Misleading
    On September 23, a federal court in Missouri granted a Federal Trade Commission (“FTC”) request to freeze the assets of Butterfly Labs, a company specializing in Bitcoin-mining computers. “Bitcoin mining” is the use of…
  • Oct 8

    Fashion Faux Pas? Lawsuits Challenge Pricing and Practices at Outlet Store

    Fashion Faux Pas? Lawsuits Challenge Pricing and Practices at Outlet Store
    Even in the age of online shopping, outlet malls and brick-and-mortar factory stores have remained hot shopping destinations and successful options for luxury and mainstream designers alike. But several major retailers—including…
  • Oct 6

    FTC's Robinson-Patman Act Guidance: Updated but Mostly Unchanged

    FTC's Robinson-Patman Act Guidance: Updated but Mostly Unchanged
    On September 29, 2014, the Federal Trade Commission published updates to its “Guides for Advertising Allowances and Other Merchandising Payments and Services” (also known as the Fred Meyer Guides, in honor of the Supreme Court…
Rank this Week: 605

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.

http://www.consumeradvocatelegalupdate.com/
  • Oct 21

    IKEA Swing Falls Short of Expectations; Injures Children

    IKEA Swing Falls Short of Expectations; Injures Children
    After IKEA  received various reports of children falling out of the GUNGGUNG swing and injuring themselves, it has recalled more than 2,000 swings in the US and 300 swings in Canada. The recall states that “IKEA urges customers who…
  • Oct 21

    Transgender Inmate Fails To Prove Jail Ignored Sexual Assault Risk

    Transgender Inmate Fails To Prove Jail Ignored Sexual Assault Risk
    On December 7, 2012 D.B., a transgender inmate housed at Orange County Jail, filed a lawsuit against Orange County and Orange County Jail officials for the sexual assault she endured as a result of being housed with another inmate rather than…
  • Oct 21

    New Litigation Blames Johnson’s Baby Powder for Causing Ovarian Cancer

    New Litigation Blames Johnson’s Baby Powder for Causing Ovarian Cancer
    For over a hundred years, new moms have trusted Johnson & Johnson baby products to provide the purest and gentlest care for their newborn babies. In addition to being used by babies, Johnson’s Baby Powder has been used for…
Rank this Week: 1809

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: 1540

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Oct 24

    Aggie-ravating Trademark Issues with College Mascot

    Aggie-ravating Trademark Issues with College Mascot
    Colleges serve an important role in American society, providing education, experience and leadership to each new generation. Also, sports. And did I mention SPORTS? Regardless of the reason (cable?), college sports have become a huge business…
  • Oct 23

    How would a corporation run a country?

    How would a corporation run a country?
    - Aaron Keller, Managing Principal, Capsule In a recent meeting, someone dropped a forecast on the table stating that Google was on track, in five years, to become the world’s first trillion dollar company (currently they are $382 B).…
  • Oct 22

    Lessons from Improv Class for the Law Firm

    Lessons from Improv Class for the Law Firm
    This month, the greater downtown Minneapolis community is welcoming the Brave New Workshop Student Union to the neighborhood.  Until just a few weeks ago, the improvisational comedy school convened classes at the Brave New…
Rank this Week: 172

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
Rank this Week: 3318

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/
  • Oct 22

    Avoiding Employment Lawsuits: How Fashion Companies Can Navigate Unpaid Internship Program

    Avoiding Employment Lawsuits: How Fashion Companies Can Navigate Unpaid Internship Program
    In this episode of Fashion Counsel, partner Anthony Lupo talks with Labor & Employment partner, Michael L. Stevens, about how fashion companies should handle unpaid internships in a litigious environment.
  • Oct 13

    Enforcing Design Patents: Old Navy Sued for Sandal Design

    Enforcing Design Patents: Old Navy Sued for Sandal Design
    What’s the News? On September 10, 2014, JPT Group, owner of the iconic American fashion brand Bernardo, filed suit in the Southern District of Texas alleging that Old Navy infringed two of Bernardo’s design patents for…
  • Oct 8

    CBP Announces Changes to Audit Rule

    CBP Announces Changes to Audit Rule
    Auditors Change Sample Transaction Review Process and Pre-Assessment Survey to Match Today’s Audit Standards and to Provide Auditors Flexibility to Target Priority Trade Issues   US Customs and Border Protection’s…
Rank this Week: 3066

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
Rank this Week: 2874

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Sep 23

    Operation Full Disclosure - The FTC Targets Advertising

    Operation Full Disclosure - The FTC Targets Advertising
    Earlier today, the Federal Trade Commission issued a press release indicating that after a review of many national television and print advertisements, warning letters have been sent to a number of companies – including some of the…
  • Aug 15

    WOODSTOCK, The Legend at 45!! Need We Say More?

    WOODSTOCK, The Legend at 45!! Need We Say More?
    45 years ago, on July 20, 1969 at precisely 10:56 p.m. EDT, American Astronaut Neil Armstrong became the first person to set foot on the moon. Armstrong then stated, "That's one small step for man, one giant leap for mankind." Less than a…
  • Jul 24

    What One Lawyer Has Learned About Social Media (But There Are Still 5 Days Left)

    What One Lawyer Has Learned About Social Media (But There Are Still 5 Days Left)
    Last week I received a novel invitation - call it a ‘dare’ from a long-time colleague and friend in a faraway land. He and I have never actually met, but we have interacted so often professionally and we keep trying to figure out…
Rank this Week: 2881

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Oct 20

    Twick or tweet?

    Twick or tweet?
    No, it’s not quite October 31st — that scary, creepy night when you’re so afraid of what’s out there that, if you’re LIKELIHOOD OF CONFUSION®, you close all the blinds …  lock the door……
  • Oct 7

    Frivolous copyright claims don’t automatically merit fee award

    Frivolous copyright claims don’t automatically merit fee award
    Originally posted 2006-06-19 12:49:37. Republished by Blog Post PromoterThe New York Law Journal reports that my old friend Southern District Judge Denise Cote has turned down Fox Entertainment Group’s attempt to recoup almost $280,000…
  • Oct 7

    LateralLink.com: A new lateral-movement option for associate attorney

    LateralLink.com: A new lateral-movement option for associate attorney
    Originally posted 2007-07-27 11:25:53. Republished by Blog Post Promoter This is an advertisement, essentially. But when have you seen one of those here before, besides stuff that pops up from time to time on the right-side bar? That should…
Rank this Week: 156

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Oct 20

    What’s Really in That Pet Food?

    What’s Really in That Pet Food?
     A professor at Chapman University in Calfornia just completed a study of the actual contents of dog and cat food with some shocking results. Of the 52 products tested, only 31 were labeled correctly. Of the about 20 that were…
  • Oct 13

    What Would You Give Up in Exchange for Free Wi-Fi?

    What Would You Give Up in Exchange for Free Wi-Fi?
     When you are offered free Wi-Fi in a public area, you usually have to agree to some terms and conditions statement. Most people don’t read them, and simply scroll past the fine print to the “ok” or “I…
  • Oct 6

    CVS to Pay $225K for Misleading Packaging

    CVS to Pay $225K for Misleading Packaging
      Some people call it over-packaging, slack-fill, or deceptive packaging. No matter what the name, it describes a product’s packaging that is deliberately designed to make the contents seem greater than they really are. Last week,…
Rank this Week: 1651

OberIPWatch

OberIPWatch

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

http://oberipwatch.com/
  • Jun 16

    Your Image Here: The NCAA Settles with Athletes Over Rights of Publicity

    Your Image Here: The NCAA Settles with Athletes Over Rights of Publicity
    We’re all familiar with video games involving computer-generated depictions of real-life athletes; they are a multi-billion dollar industry.  Under pressure from consumers to make such games more and more realistic, software…
  • Jun 4

    Supreme Court: Federal Circuit got §271(b) wrong and maybe §271(a) as well.

    Supreme Court: Federal Circuit got §271(b) wrong and maybe §271(a) as well.
    At its heart the Internet is an information distribution network and the ease with which all manner of information can be shared instantly has led to numerous innovative methods of doing, well, most anything. A hallmark of patents on such…
  • May 15

    Naturally, litigation results from unsupported advertising claims and undefined terms.

    Naturally, litigation results from unsupported advertising claims and undefined terms.
    The WSJ Corporate Intelligence blog has an interesting article today that highlights the risks inherent in un-vetted advertising claims.  Apparently Proctor & Gamble took issue with “99% Natural” claim that toothpaste…
Rank this Week: 4491

ReACTS

ReACTS

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

http://www.advertisingcompliancelaw.com/
  • Oct 14

    CAP reignites e-cigarette debate by relaxing rules on television advertising

    CAP reignites e-cigarette debate by relaxing rules on television advertising
    Last week the Committee of Advertising Practice (CAP) announced relaxed regulations for advertising e-cigarettes through television broadcasting. From November, advertisers will be able to show their e-cigarette products on television having…
  • Sep 28

    International Food and Beverage Alliance agrees new restrictions on advertising to children

    International Food and Beverage Alliance agrees new restrictions on advertising to children
    The International Food and Beverage Alliance (IFBA) has delivered an open letter to the World Health Organisation (WHO), voluntarily pledging to cease marketing unhealthy food to children by 2016. The IFBA's members include some of the…
  • Sep 5

    ASA bans two more American Apparel ad

    ASA bans two more American Apparel ad
    The ASA has banned two ads displayed by US clothes retailer, American Apparel, which it says are "offensive and irresponsible" and in breach of CAP Code rules 1.3 (responsible advertising), 4.1 (harm and offence) and 5.1 (children). This…
Rank this Week: 2774

Social Media Law Update

Social Media Law Update

Covers intellectual property, defamation, consumer protection and other legal issues regarding social media. By Sheppard Mullin Richter & Hampton LLP.

http://www.socialmedialawupdate.com
Rank this Week: 2781

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://brandprotection.nortonrosefulbright.com/
  • Sep 25

    The folly of a press release

    The folly of a press release
    by Louise Dumbrell and Luke Hawthorne (Australia)On September, 12 2014, the Federal Court of Australia delivered a further decision in a long-running dispute between leading Australian swimwear business Seafolly and swimwear designer,…
  • Sep 25

    Hana Bank trademark tacking ruling

    Hana Bank trademark tacking ruling
    by Ashley Callahan (United States)On June 23, 2014, the U.S. Supreme Court granted a writ of certiorari in the case of Hana Financial, Inc. v. Hana Bank to decide whether the issue of trademark “tacking” should be determined by a…
  • Sep 24

    Third Circuit does away with presumption of irreparable harm

    Third Circuit does away with presumption of irreparable harm
    by Kathy Grant (United States)In a much anticipated ruling, the Third Circuit held courts no longer may presume irreparable harm when considering a preliminary injunction motion in a Lanham Act false advertising case even where a plaintiff…
Rank this Week: 972

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/
  • Oct 22

    Recent TTAB Filing

    Recent TTAB Filing
    TTAB: GILT v WITHOUT GILT http://t.co/C9tNiZW4w6 — TrademarkBlog (@TrademarkBlog) October 22, 2014 TTAB: GROUPON v GROUPOLOGY for some kind of social media thing http://t.co/833OR2hxrL — TrademarkBlog (@TrademarkBlog) October 22,…
  • Oct 22

    Recent UDRP

    Recent UDRP
    Example of UK complainant basing UDRP rights on 'UK passing off' law. http://t.co/qoZiNZB3pB — TrademarkBlog (@TrademarkBlog) October 22, 2014 UDRP re http://t.co/DwfoB1D3e5 Denied Non-commercial gripe site http://t.co/bjtVpG4P98…
  • Oct 22

    There’s nothing to see here. Move along. Keep moving

    There’s nothing to see here. Move along. Keep moving
    New York Post v someone who isn’t the New York Post. A little sad. nyp v new york post.pdf
Rank this Week: 733

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/
Rank this Week: 935

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • Sep 15

    Dallas Buyers Club Files Suit against 10 Does in Washington State

    Dallas Buyers Club Files Suit against 10 Does in Washington State
    Multi-state litigant Dallas Buyers Club, LLC continues its BitTorrent copyright assault, this time filing against 10 Doe parties in the U.S. District Court for the Western District of Washington. Troll Defense was somewhat surprised to see…
  • Sep 8

    More Singleton Doe Cases in Oregon

    More Singleton Doe Cases in Oregon
    The owners to the rights to the acclaimed film Dallas Buyers Club are back in Oregon U.S. District Court with a batch of “singleton” lawsuits against Doe parties, alleging both federal Copyright Act and Oregon State…
  • Jul 28

    They’re Back: Voltage Singleton Doe Cases In Oregon

    They’re Back: Voltage Singleton Doe Cases In Oregon
    Some weeks after a batch of its Oregon state trademark lawsuits arising from Dallas Buyers Club were dismissed for improper joinder, Voltage has returned to the U.S. District Court in Oregon with at least two “singleton”…
Rank this Week: 1022