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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/
  • Jul 24

    ISHTIP at Penn, part 9

    ISHTIP at Penn, part 9
    Session 6 | Josh Sarnoff (DePaul University), Moderator In Search of a Trade Mark: Search practices and Bureaucratic PoetryJose Bellido and Hyo Yoon Kang (University of Kent, UK)Commentator | Amanda Scardamaglia (Swinburne Law…
  • Jul 24

    ISHTIP at Penn, part 8

    ISHTIP at Penn, part 8
    Methodology: What should histories and theories of IP be doing? What role should interdisciplinarity play? | Martha Woodmansee (Case Western Reserve University), Moderator Lionel Bently (Cambridge)We tolerated the use of the term…
  • Jul 24

    ISHTIP at Penn, Part 7

    ISHTIP at Penn, Part 7
    Session 5 | Martin Fredriksson (Linköping University, Sweden), Moderator Open Source Intelligence: Counterinsurgency, State Secrets, and Small NovelsJoseph Slaughter (Columbia)Commentator | Catherine Bond (University of New South…
Rank this Week: 915

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/
  • Jul 6

    Ninth Circuit to False Advertising Class Actions: Drop Dead

    Ninth Circuit to False Advertising Class Actions: Drop Dead
    On June 23, 2015, the Ninth Circuit in Cabral v. Supple LLC, — Fed. Appx. –, 2015 WL 3855142 (9th Cir. June 23, 2015) placed a significant hurdle in the path of false advertising class actions.  Specifically, the Court held…
  • Apr 17

    Beacons at Retail – So What?

    Beacons at Retail – So What?
    Beacons have been around for years in online and mobile media channels, but they now seem poised to dramatically impact brick-and-mortar businesses. A growing list of major companies are currently vying to bring Bluetooth-enabled beacon…
  • 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…
Rank this Week: 1232

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
  • Jul 28

    Today’s Hot Topic: Sponsorship Identification in Advertising

    Today’s Hot Topic: Sponsorship Identification 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 sponsorship identification. Per the network guidelines, advertising must contain proper…
  • Jul 17

    Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ad

    Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ad
    Google has announced a new advertising policy for pharmaceutical companies that presents significant issues and dictates immediate changes.  Effective July 20, pharmaceutical companies can no longer run pharmaceutical ads in the…
  • Jul 15

    EVENT FULL: Stay in Tune with SAG-AFTRA – Town Hall Meeting in New York

    EVENT FULL: Stay in Tune with SAG-AFTRA – Town Hall Meeting in New York
    The New York Town Hall Meeting on Monday, July 20 is currently at capacity, and we can no longer accept RSVPs. The JPC is planning a town hall meeting in Los Angeles in August and one in Columbus, Ohio in October, TBD. Additional details to…
Rank this Week: 4042

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Jul 28

    Today’s Hot Topic: Sponsorship Identification in Advertising

    Today’s Hot Topic: Sponsorship Identification 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 sponsorship identification. Per the network guidelines, advertising must contain proper…
  • Jul 17

    Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ad

    Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ad
    Google has announced a new advertising policy for pharmaceutical companies that presents significant issues and dictates immediate changes.  Effective July 20, pharmaceutical companies can no longer run pharmaceutical ads in the…
  • Jul 15

    EVENT FULL: Stay in Tune with SAG-AFTRA – Town Hall Meeting in New York

    EVENT FULL: Stay in Tune with SAG-AFTRA – Town Hall Meeting in New York
    The New York Town Hall Meeting on Monday, July 20 is currently at capacity, and we can no longer accept RSVPs. The JPC is planning a town hall meeting in Los Angeles in August and one in Columbus, Ohio in October, TBD. Additional details to…
Rank this Week: 1502

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3664

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
  • Jul 7

    Time Warner Must Pay Customer $1500 Per Illegal Call

    Time Warner Must Pay Customer $1500 Per Illegal Call
    Total judgment awarded to cable subscriber is $229,500 Read More › Tags: Do Not Call, Robocalls, TCPA, TCPA Lawsuit, Violation
  • Jul 1

    FCC Rulings Create Greater Legal Exposure for Marketer

    FCC Rulings Create Greater Legal Exposure for Marketer
    CLIENT ALERTMarketers who communicate with consumers on mobile devices and smart phones must stay current with the FCC's new rulings.  Read More › Tags: Class Action, Class Action Lawsuit, FCC, TCPA, TCPA Class…
  • Jun 25

    Business Sues Telemarketer In Wake Of Costly Class Action

    Business Sues Telemarketer In Wake Of Costly Class Action
    Telemarketer’s Do Not Call Violations Cost Business $6 Million Read More › Tags: Do Not Call, TCPA, TCPA Class Actions, TCPA Lawsuit, Telemarketing, Telemarketing Calls, Telemarketing Law
Rank this Week: 1588

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/
  • Jul 27

    First Amendment v. Copyright – Who Wins?

    First Amendment v. Copyright – Who Wins?
    Earlier this year, the Ninth Circuit, sitting en banc, reversed a decision by a three-member panel of the same court and found that a mandatory injunction against Google was unjustified. Garcia v. Google, Inc., No. 12-57302 (May 18, 2015).…
  • Jul 23

    Sweet Tweets: Legislation Expands Social Media Privacy Protection

    Sweet Tweets: Legislation Expands Social Media Privacy Protection
    Let’s face it: social networking has us “all atwitter.”  At any given moment, whether we’re on the subway or in our cubicle, we can like, post, poke, share, tweet, DM, pin, snap, yik yak, link, yo, and instagram…
  • Jul 20

    THE 4TH CIRCUIT AUTHORIZES A HEADS I WIN, TAILS YOU LOSE ATTORNEYS’ FEE AWARD IN CERTAIN TRADEMARK APPEALS

    THE 4TH CIRCUIT AUTHORIZES A HEADS I WIN, TAILS YOU LOSE ATTORNEYS’ FEE AWARD IN CERTAIN TRADEMARK APPEALS
    The Fourth Circuit Court of Appeals’ recent ruling on attorneys fees in Shammas v. Focarino, No. 14-1191 (April 23, 2015), will, unless overturned by the Supreme Court, make the “direct” appeal to federal district of an…
Rank this Week: 3179

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 3175

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
Rank this Week: 751

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/
  • 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: 2950

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: 1610

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Jul 28

    Are Trademark Bullies Bringing Plausible Claims?

    Are Trademark Bullies Bringing Plausible Claims?
    - Draeke Weseman, Weseman Law Office, PLLC Intellectual property enforcement continues to make news, and new solutions to curb abusive enforcement – i.e. trademark bullying, patent trolling, and copyright trolling – are being…
  • Jul 24

    “Symmetrically Arranged” Buttons: A Patent Win for Nintendo

    “Symmetrically Arranged” Buttons: A Patent Win for Nintendo
    Nintendo has been making headlines recently.  The gaming industry is in mourning over the unfortunate passing of Nintendo CEO Satoru Iwata last week.  Iwata was instrumental in the success of the Nintendo Wii, among other Nintendo…
  • Jul 23

    Tory Burch Protects Her Brand

    Tory Burch Protects Her Brand
    The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million…
Rank this Week: 227

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
  • Jul 27

    First Amendment v. Copyright – Who Wins?

    First Amendment v. Copyright – Who Wins?
    Earlier this year, the Ninth Circuit, sitting en banc, reversed a decision by a three-member panel of the same court and found that a mandatory injunction against Google was unjustified. Garcia v. Google, Inc., No. 12-57302 (May 18, 2015).…
  • Jul 23

    Sweet Tweets: Legislation Expands Social Media Privacy Protection

    Sweet Tweets: Legislation Expands Social Media Privacy Protection
    Let’s face it: social networking has us “all atwitter.”  At any given moment, whether we’re on the subway or in our cubicle, we can like, post, poke, share, tweet, DM, pin, snap, yik yak, link, yo, and instagram…
  • Jul 20

    THE 4TH CIRCUIT AUTHORIZES A HEADS I WIN, TAILS YOU LOSE ATTORNEYS’ FEE AWARD IN CERTAIN TRADEMARK APPEALS

    THE 4TH CIRCUIT AUTHORIZES A HEADS I WIN, TAILS YOU LOSE ATTORNEYS’ FEE AWARD IN CERTAIN TRADEMARK APPEALS
    The Fourth Circuit Court of Appeals’ recent ruling on attorneys fees in Shammas v. Focarino, No. 14-1191 (April 23, 2015), will, unless overturned by the Supreme Court, make the “direct” appeal to federal district of an…
Rank this Week: 2941

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/
  • Jul 10

    NYC Bans the Box and Becomes Latest Jurisdiction to Limit Criminal Background Check

    NYC Bans the Box and Becomes Latest Jurisdiction to Limit Criminal Background Check
    On June 29, 2015, New York City Mayor Bill DeBlasio (D) signed into law Bill 318-A, also known as the Fair Chance Act (the “Act”), which limits an employer’s ability to ask about an applicant’s criminal history until…
  • Jul 6

    Court Certifies Class Action Alleging Fictitious “Sale” Prices by J.C. Penney

    Court Certifies Class Action Alleging Fictitious “Sale” Prices by J.C. Penney
    What’s the News?   A California federal judge recently certified a class action lawsuit that alleges violations of California consumer protection laws by J.C. Penney Corporation, Inc. (J.C. Penney). Specifically, the class claims…
  • Jul 1

    PayPal Will Tweak User Agreement To Clarify Proposed Autodialing Provision

    PayPal Will Tweak User Agreement To Clarify Proposed Autodialing Provision
    On June 29, 2015, PayPal’s General Counsel released a blog post indicating that the company will be tweaking its proposed revisions to its User Agreement regarding PayPal’s ability to send its customers autodialed or prerecorded…
Rank this Week: 2139

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Jul 24

    McLean B. Sieverding Joins InfoLawGroup As Senior Counsel

    McLean B. Sieverding Joins InfoLawGroup As Senior Counsel
    InfoLawGroup is happy to announce that McLean B. Sieverding has joined the firm as Senior Counsel. Most recently, McLean served as Assistant General Counsel for Int’l Data Protection & Regulatory Compliance at Verizon…
  • Jul 22

    The FCC TCPA Order: What Does My Business Need To Know?

    The FCC TCPA Order: What Does My Business Need To Know?
    his Post Was Co-Authored by Partner, Justine Gottshall and Counsel, Brian Schaller The Federal Communications Commission (“FCC”) passed its TCPA Omnibus Declaratory Ruling and Order (“Order”) regarding the Telephone…
  • Jul 9

    Congratulations Justine Gottshall

    Congratulations Justine Gottshall
    InfoLawGroup congratulates partner Justine Young Gottshall for being recognized by SC Magazine as one of the 5 Women in IT Security: Women to Watch. It is an honor to be named, particularly given the other accomplished and…
Rank this Week: 1400

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Jul 7

    Beyond Legal: Social Media Promotion

    Beyond Legal: Social Media Promotion
    Yesterday (July 6, 2015), the Social Media Law & Policy Report™ published by Bloomberg BNA posted my article entitled: “Beyond Legal: What You Should Know About Social Media Promotions.” The article highlights some of…
  • Jun 5

    FTC Updates Its FAQs for Endorsement Guide

    FTC Updates Its FAQs for Endorsement Guide
    The Federal Trade Commission has just updated its version of Frequently Asked Questions, or FAQs, that relate to the “Guides Concerning the Use of Endorsements and Testimonials in Advertising” that went into effect December 1,…
  • May 6

    An AHAA Moment! The Voice of Hispanic Marketing

    An AHAA Moment! The Voice of Hispanic Marketing
    On April 27, I had the distinct privilege of presenting a session devoted to the legal implications of social media and mobile technology to the leadership of AHAA, The Voice of Hispanic Marketing at their 2015 Annual Conference. You can read…
Rank this Week: 3800

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Jul 25

    Confusion ascendant

    Confusion ascendant
    Jewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) — which begins tonight — five national calamities occurred: During the time of Moses, Jews in the desert accepted the slanderous report of the…
  • Jul 24

    Court rules against Yahoo in Nazi speech case

    Court rules against Yahoo in Nazi speech case
    Originally posted 2006-01-13 12:51:43. Republished by Blog Post PromoterThis Reuters report is important news: A U.S. appeals court declined to intervene on Thursday on behalf of Yahoo Inc. (Nasdaq:YHOO – news), the world’s…
  • Jul 24

    THE SLANTS trademark appeal: The other side

    THE SLANTS trademark appeal: The other side
    I posted the en banc Federal Circuit brief of Simon Tam for the Slants, and those of the amici curiae in his support shortly after they were filed. Well, of course there’s another side to this, and it has been heard.  Here is the…
Rank this Week: 388

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Jul 27

    T.J. Maxx Sued for Phony “Compare at” Price

    T.J. Maxx Sued for Phony “Compare at” Price
      Two California consumers are suing T.J. Maxx for using deceptive price comparisons on their price tags. [See lawsuit.] T.J. Maxx price tags looks like this: It shows a higher “compare at” price and the lower T.J. Maxx…
  • Jul 20

    Disney’s Frozen Had a Hidden Disclaimer

    Disney’s Frozen Had a Hidden Disclaimer
      This week, a little cool summer humor… The Disney movie, Frozen, has been a runaway success. And despite many parents watching it multiple times with their kids, they probably missed the unusual fine print buried in the credits.…
  • Jul 13

    With New LED Light Bulbs, Be Careful Watt You Buy

    With New LED Light Bulbs, Be Careful Watt You Buy
      Light emitting diode (LED) light bulbs are poised to become the bulb of choice for many shoppers. With a recent price drop announced by GE, it is predicted that LED light bulbs might in coming years make compact fluorescent bulbs…
Rank this Week: 2731

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 15

    Social Media Makes Healthcare More Personal

    Social Media Makes Healthcare More Personal
    The Mayo Clinic Center for Social Media has a mission to personalize healthcare by using social media. Crazy – you say? By following best practices, healthcare providers can share their stories. True – covered entities and their…
  • Feb 12

    To understanding the copyright protections of pre-1972 sound recordings you have to Keep on Truckin’ with Hot Tuna and the sounds of the 60

    To understanding the copyright protections of pre-1972 sound recordings you have to Keep on Truckin’ with Hot Tuna and the sounds of the 60
    Do music streaming services need to pay royalties to play classic rock? It’s actually an open question. Some services have refused to pay performance royalties for all pre-1972 recordings. For many years, a false rumor persisted that…
  • Feb 4

    An Economic Turn for the Better: USPTO Lowers Trademark Fee

    An Economic Turn for the Better: USPTO Lowers Trademark Fee
    The cost of filing and maintaining federal trademark registrations with the USPTO just got lower.  On January 17, 2015, the PTO announced a $50 per class reduction in initial filing fees for trademark applications filed under the…
Rank this Week: 3171

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
  • Jul 17

    All natural, sold au naturel: Nestlé’s brilliant creamer ad hits the web

    All natural, sold au naturel: Nestlé’s brilliant creamer ad hits the web
    On Wednesday, July 15, Nestlé began grabbing headlines and attention for advertising its Coffee-Mate Natural Bliss creamer brand in an especially creative way: Having baristas serve coffee and the creamer au naturel. According to…
  • Jul 15

    Update: European Parliament approves copyright reform

    Update: European Parliament approves copyright reform
    Earlier this month, we reported that the Committee on Legal Affairs of the European Parliament had approved an amended EU copyright evaluation report (the “Report”) outlining a reform of copyright law in the European…
  • Jul 10

    What’s in a survey? The place of consumer surveys in establishing whether a trade mark is inherently distinctive

    What’s in a survey? The place of consumer surveys in establishing whether a trade mark is inherently distinctive
    Consumer surveys have long been denegrated by Courts as being of little use in trade mark cases to establish likelihood of confusion. The probity of these surveys has been of little concern for establishing trade mark distinctiveness because…
Rank this Week: 2307

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/
Rank this Week: 693

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: 4909

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • Jul 20

    “The Cobbler” Producer Sues Hundreds of John Does in Houston BitTorrent Case

    “The Cobbler” Producer Sues Hundreds of John Does in Houston BitTorrent Case
    On a single day last week, Cobbler Nevada, LLC filed copyright infringement suits against over 350 John Doe parties in the U.S. District Court, Southern District of Texas, Houston Division. As Troll Defense…
  • Jul 20

    “Survivor” BitTorrent Suits Break Ground in Oregon

    “Survivor” BitTorrent Suits Break Ground in Oregon
    The producers of the UK espionage film Survivor have initiated a handful of BitTorrent copyright lawsuits in the U.S. District Court, District of Oregon.  According to some observers, these may be the first such lawsuits filed in the…
  • Jul 2

    “Dallas Buyers Club” and “The Cobbler” In Colorado

    “Dallas Buyers Club” and “The Cobbler” In Colorado
    In recent months, frequent mass litigants Dallas Buyers Club, LLC and Cobbler Nevada, LLC have filed a number of multi-Doe copyright infringement lawsuits in the U.S. District Court, District of Colorado. As Troll Defense has previously…
Rank this Week: 769