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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/
  • Mar 2

    Pregnancy clinic ads are commercial speech

    Pregnancy clinic ads are commercial speech
    First Resort, Inc. v. Herrera, No. C 11-5534 (N.D. Cal. Feb. 20, 2015)     The court rejected a facial challenge to San Francisco’s Pregnancy Information Disclosure and Protection Ordinance, “aimed at ensuring…
  • Mar 2

    Copying graffiti could infringe copyright and trademark

    Copying graffiti could infringe copyright and trademark
    Williams v. Roberto Cavalli S.p.A., No. 14-cv-06659 (C.D. Cal. Feb. 12, 2015) Plaintiffs Jason Williams, Victor Chapa, and Jeffrey Rubin sued the producers and distributors of Just Cavalli clothing, alleging copyright infringement,…
  • Mar 2

    Court misapplies FTDA, not TDRA, to political speech

    Court misapplies FTDA, not TDRA, to political speech
    Hershey Co. v. Friends of Steve Hershey, 2015 WL 795841, No. WDQ–14–1825. (D. Md. Feb. 24, 2015) Disappointing ruling on political speech and infringement now supplemented by flat-out wrong ruling on dilution.  Hershey…
Rank this Week: 85

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: 1403

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: 3434

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Feb 23

    Stay in Tune with SAG-AFTRA – Town Hall Meeting in Miami

    Stay in Tune with SAG-AFTRA – Town Hall Meeting in Miami
    Join us on Thursday, March 5, for the Joint Policy Committee’s Miami Town Hall Meeting, hosted by ALMA.  Our discussion will include: Resolution of SAG-AFTRA CBA issues Overview of the audit process Recent SAG-AFTRA arbitrations…
  • Feb 10

    Today’s Hot Topic: Network Clearance Top Ten Tip

    Today’s Hot Topic: Network Clearance Top Ten Tip
    From time to time, I like to remind clients about the simple things they can do to help facilitate the network clearance process. A few years ago, we published a list of helpful tips advertisers and agencies should keep in mind when clearing…
  • Feb 8

    Disclosures Become a Focal Point for Regulator

    Disclosures Become a Focal Point for Regulator
    In a recent Compliance Week article, Keri Bruce and Kevin Madagan discuss the FTC’s and FDA’s increased attention to disclosure practices, reminding companies to review their existing measures. …
Rank this Week: 4739

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3081

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: 3405

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: 469

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/
  • Mar 2

    A Lesson in What Strip Clubs Can Teach You About the FLSA

    A Lesson in What Strip Clubs Can Teach You About the FLSA
    Earlier this month, four former dancers filed a wage and hour collective action against the owners of Cheetahs Gentlemen’s Club & Restaurant, an adult entertainment night club in New York. Rodriguez, et al. v. Three Amigos SJL Inc.,…
  • Feb 27

    DOJ Intervenes to Defend Constitutionality of Lanham Act in Redskins’ Trademark Dispute

    DOJ Intervenes to Defend Constitutionality of Lanham Act in Redskins’ Trademark Dispute
    Another chapter has unfolded in the 23-year-old dispute between the Washington Redskins and the Native Americans who object to the team’s mascot — a mascot that the team has used for over 80 years. Recently, the U.S. Department of…
  • Feb 26

    FEBRUARY 2015 FI&C WEBSITE NEWSLETTER

    FEBRUARY 2015 FI&C WEBSITE NEWSLETTER
    *  FI&C was notified that it again made the Dayton Business Journal’s Top Dayton-Area Law Firms List. *  Ron Raether spoke at the ACI Cyber security and Data Privacy Protection Conference in Washington, D.C. *  Scot…
Rank this Week: 2365

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 986

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Mar 2

    "Comcast" Continues to Change the Damages Cla

    "Comcast" Continues to Change the Damages Cla
    The impact of the Supreme Court’s Comcast decision on certification of class actions, first discussed here, continues to be felt across courtrooms nationwide. Comcast made clear that a trial court must evaluate the merits of…
  • Feb 26

    FTC Warns Manufacturers of “Biodegradable” Dog Waste Bags: Your Labels Stink

    FTC Warns Manufacturers of “Biodegradable” Dog Waste Bags: Your Labels Stink
    As our readers know, back in 2012 the FTC issued revised “Green Guides” (you can read more about these guidelines here, here and here). These Green Guides were designed to clarify when the FTC will consider environmental attribute…
  • Feb 25

    Zero Star Rating: Yelp Sues Fake Review Companies for Trademark Infringement

    Zero Star Rating: Yelp Sues Fake Review Companies for Trademark Infringement
    On February 13, 2015, Yelp, Inc. filed a lawsuit in the Northern District of California against three companies offering to “game” Yelp’s review system by creating and posting bogus positive reviews on Yelp’s website.…
Rank this Week: 340

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: 1872

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: 1585

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Mar 3

    Thoughts on the New Mitchell|Hamline Law School

    Thoughts on the New Mitchell|Hamline Law School
    - Draeke Weseman, Weseman Law Office, PLLC Naming is a tricky business with important marketing and trademark considerations.  Recently, two Minnesota law schools, William Mitchell College of Law and Hamline Law School, took up this…
  • Mar 2

    Will #TheDress Impact Color Trademarks?

    Will #TheDress Impact Color Trademarks?
    #TheDress phenomenon is about to shape the future of color trademarks and trade dress rights. You may recall, we have written a great deal on the subject of non-traditional trademark protection of colors, especially during the Christian…
  • Feb 27

    All-Star Tips To Avoid Infringement Litigation

    All-Star Tips To Avoid Infringement Litigation
    Shoes are always in the news. From a fashion standpoint, Nike has made headlines this week, with a re-release of the Classic Cortez running shoe (aka, the Forrest Gump shoe) along with the second edition of the LeBronald Palmer.  And…
Rank this Week: 106

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
  • Mar 2

    A Lesson in What Strip Clubs Can Teach You About the FLSA

    A Lesson in What Strip Clubs Can Teach You About the FLSA
    Earlier this month, four former dancers filed a wage and hour collective action against the owners of Cheetahs Gentlemen’s Club & Restaurant, an adult entertainment night club in New York. Rodriguez, et al. v. Three Amigos SJL Inc.,…
  • Feb 27

    DOJ Intervenes to Defend Constitutionality of Lanham Act in Redskins’ Trademark Dispute

    DOJ Intervenes to Defend Constitutionality of Lanham Act in Redskins’ Trademark Dispute
    Another chapter has unfolded in the 23-year-old dispute between the Washington Redskins and the Native Americans who object to the team’s mascot — a mascot that the team has used for over 80 years. Recently, the U.S. Department of…
  • Feb 26

    FEBRUARY 2015 FI&C WEBSITE NEWSLETTER

    FEBRUARY 2015 FI&C WEBSITE NEWSLETTER
    *  FI&C was notified that it again made the Dayton Business Journal’s Top Dayton-Area Law Firms List. *  Ron Raether spoke at the ACI Cyber security and Data Privacy Protection Conference in Washington, D.C. *  Scot…
Rank this Week: 3590

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: 3449

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Mar 2

    BBB Code of Advertising Update: Examining the Change

    BBB Code of Advertising Update: Examining the Change
    As noted in our earlier post, the Better Business Bureau recently updated its Code of Advertising for the first time since 1985.  There are many changes throughout the Code, from major substantive additions to minor revisions to…
  • Feb 26

    Brian C. Schaller Joins InfoLawGroup As Counsel

    Brian C. Schaller Joins InfoLawGroup As Counsel
    InfoLawGroup is happy to announce that Brian C. Schaller has joined the firm as Counsel. Before joining InfoLawGroup, Mr. Schaller was at a Los Angeles based firm where he represented startups and interactive companies including the virtual…
  • Feb 25

    Does Clapper Silence Data Breach Litigation? A Two-Year Retrospective

    Does Clapper Silence Data Breach Litigation? A Two-Year Retrospective
    This February 26, 2015, marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA,[1] which required plaintiffs to allege that a threatened injury is “certainly impending” in…
Rank this Week: 1709

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Feb 27

    The Only U.S. President Elected under the 12th Amendment is...

    The Only U.S. President Elected under the 12th Amendment is...
    The 12th Amendment to the Constitution of the United States provides for the election of the president and vice president by the electoral college, and if no candidate obtains a majority, the House of Representatives chooses the…
  • Feb 26

    ...and the Oscar Selfie Goes To or (the Unexpected Virtue of Being a Fish)

    ...and the Oscar Selfie Goes To or (the Unexpected Virtue of Being a Fish)
    Everyone knows there is competition, hype and controversy over nominations and awards at each year’s contest run by the Academy of Motion Picture Arts & Sciences. The competition culminates in an annual show broadcast around the…
  • Feb 26

    ...and the Oscar Selfie Goes To...(or, Something's Fishy)

    ...and the Oscar Selfie Goes To...(or, Something's Fishy)
    Everyone knows there is competition, hype and controversy over nominations and awards at each year’s contest run by the Academy of Motion Picture Arts & Sciences. The competition culminates in an annual show broadcast around the…
Rank this Week: 4529

Likelihood of Confusion

Likelihood of Confusion

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

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

    Best of 2005: Power Line: Mary Mapes is a Year Late, and Way Short on Logic

    Best of 2005: Power Line: Mary Mapes is a Year Late, and Way Short on Logic
    First posted on September 30, 2005. The Powerline blog, appropriately, undertakes the definitive (if only preliminary) deconstruction and rebuttal of journalistic fraud Mary Mapes’s new revisionist history on the topic of last…
  • Feb 27

    Best of 2011: The seven habits of highly annoying lawyer

    Best of 2011: The seven habits of highly annoying lawyer
    First posted on February 4, 2011. Or, perhaps, the companies that hire them.  Let’s see if we can find all seven in this highly effective – certainly highly earnest! — item from Mark Malek at the Tactical IP…
  • Feb 26

    The statute that keeps on giving

    The statute that keeps on giving
    I am grateful for a break in the Section 2(a) action long enough that I could sneak in some blogging about another topic this week.  Apropos that post’s nostalgic subject, it even generated some…
Rank this Week: 166

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Mar 2

    Nissan Cars Can’t Snowboard…Duh

    Nissan Cars Can’t Snowboard…Duh
      Car manufacturers love to put important details about their vehicles and offers in minuscule fine print in their television commercials. And Nissan is no exception. Just in case you couldn’t read the tiny disclaimer in two recent…
  • Feb 23

    Hey Costco, Where’s the Fine Print?

    Hey Costco, Where’s the Fine Print?
      It may sound odd for a consumer advocate to ask a company to provide more fine print, but that is exactly what MrConsumer had hoped Costco would do. Costco has had Tempur-pedic memory foam mattresses on sale for the past several weeks,…
  • Feb 16

    Shussh, Don’t Say That in Front of the Kids Smart TV

    Shussh, Don’t Say That in Front of the Kids Smart TV
     Smart TVs are getting smarter. And maybe too smart for our own good. Originally, smart televisions had the ability to display Internet websites because you could switch to a crude built-in browser. Now they can make recommendations of…
Rank this Week: 1219

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: 2339

ReACTS

ReACTS

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

http://www.advertisingcompliancelaw.com/
  • Feb 23

    Stay in Tune with SAG-AFTRA – Town Hall Meeting in Miami

    Stay in Tune with SAG-AFTRA – Town Hall Meeting in Miami
    Join us on Thursday, March 5, for the Joint Policy Committee’s Miami Town Hall Meeting, hosted by ALMA.  Our discussion will include: Resolution of SAG-AFTRA CBA issues Overview of the audit process Recent SAG-AFTRA arbitrations…
  • Feb 10

    Today’s Hot Topic: Network Clearance Top Ten Tip

    Today’s Hot Topic: Network Clearance Top Ten Tip
    From time to time, I like to remind clients about the simple things they can do to help facilitate the network clearance process. A few years ago, we published a list of helpful tips advertisers and agencies should keep in mind when clearing…
  • Feb 8

    Disclosures Become a Focal Point for Regulator

    Disclosures Become a Focal Point for Regulator
    In a recent Compliance Week article, Keri Bruce and Kevin Madagan discuss the FTC’s and FDA’s increased attention to disclosure practices, reminding companies to review their existing measures. …
Rank this Week: 4740

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: 4688

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
  • Mar 2

    The 2039 Rule: UK keeps millions of very old unpublished works under copyright protection for another 24 year

    The 2039 Rule: UK keeps millions of very old unpublished works under copyright protection for another 24 year
    As a result of the transitional provisions of the Copyright, Designs and Patents Act 1988 (CDPA), some very old unpublished works benefit from copyright protection until 2039, even though their authors have not lived for hundreds of years.…
  • Feb 9

    FTC grinds the Oz Effect out of coffee bean weight loss claim

    FTC grinds the Oz Effect out of coffee bean weight loss claim
    On January 26, 2015, the Federal Trade Commission filed a complaint in federal court against Texas-based Genesis Today, Inc., a marketer of dietary supplements; its branding subsidiary, Pure Health LLC; and its founder and CEO, Dr. Lindsay…
  • Feb 3

    DC Circuit Court puts limits on FTC’s advertising substantiation requirement

    DC Circuit Court puts limits on FTC’s advertising substantiation requirement
    On January 30, 2015, a three-judge panel of the US Court of Appeals for the District of Columbia reversed an FTC order that would have required POM Wonderful to substantiate various health-relating advertising claims with two randomized,…
Rank this Week: 3029

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/
  • Feb 23

    Recent Decision

    Recent Decision
    Cal. law firm's website insufficient to create per. j. in Ga. FisherBROYLES, LLP v. JURIS LAW GROUP ND Georgia http://t.co/wpNYFcrRGx — TrademarkBlog (@TrademarkBlog) February 23, 2015 When will corporate officer be personally…
  • Feb 11

    EDVA Reverses FLANAX Case; No Exceptions to the Territoriality Principle

    EDVA Reverses FLANAX Case; No Exceptions to the Territoriality Principle
    The U.S. District Court for the Eastern District of Virginia, in a case of first impression, held that Article 6bis of the Paris Convention, the famous marks provision, does not provide trademark rights that are protectable under Section…
  • Jan 22

    Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plain

    Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plain
    A jury in the Southern District of New York (White Plains) awarded a complete victory to Triboro Quilt Manufacturing Corporation in its lawsuit against Luve LLC arising from an exclusive license agreement between the parties. Under the…
Rank this Week: 133

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: 2585

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • Feb 18

    New Oregon Copyright Suits Over “Dumb and Dumber To”

    New Oregon Copyright Suits Over “Dumb and Dumber To”
    Troll Defense has learned that a company claiming the copyrights to the 2014 comedy film Dumb and Dumber To has filed at least two copyright actions against individual Doe parties in the U.S. District Court for the District of Oregon.…
  • Feb 11

    More DBC BitTorrent Lawsuits in Oregon: “Look out honey, ‘cuz I’m using technology!”

    More DBC BitTorrent Lawsuits in Oregon: “Look out honey, ‘cuz I’m using technology!”
    Dallas Buyers Club, LLC has just filed five new copyright infringement lawsuits against individual Does in the U.S. District Court for the District of Oregon. Unlike prior lawsuits filed by Dallas Buyers Club in this court, Voltage Pictures,…
  • Jan 29

    50 More Does Sued by Dallas Buyers Club in Seattle Federal Court

    50 More Does Sued by Dallas Buyers Club in Seattle Federal Court
    Dallas Buyers Club, LLC has just filed two new copyright infringement lawsuits against a total of 50 Does in the U.S. District Court for the Western District of Washington. The allegations of the complaints are virtually identical to those…
Rank this Week: 1340