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Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Jul 1

    De gustibus non est disputandum

    De gustibus non est disputandum
    The question, per last fall’s story, was this: Can you establish trademark rights in a flavor?  The court said, unsurprisingly, “no.” As usual, I let someone better inclined to do so do the heavy lifting first —…
  • Jun 28

    Google Books settlement takes it on the Chin

    Google Books settlement takes it on the Chin
    Originally posted 2011-03-22 18:22:23. Republished by Blog Post PromoterI raised questions about the Google Books settlement ages ago. Now some of them have been answered, and Judge Denny Chin’s answer is “no”: While the…
  • Jun 28

    Best of 2012: Apostrophe now

    Best of 2012: Apostrophe now
    Originally posted 2012-12-28 10:00:05. Republished by Blog Post PromoterOriginally published October 11, 2012. Via Courthouse News, a report of a trademark lawsuit that I’d think was merely “apostrophal” if not for the fact…
Rank this Week: 30

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Jul 7

    Not a Soccer Fan But SHEBELIEVES

    Not a Soccer Fan But SHEBELIEVES
    Although I’m an avid sports fan, I rarely watch soccer and quite frankly I also rarely watch women’s professional sports.  I have some very logical reasons for my avoidance of soccer (in what other sport does the clock tick…
  • Jul 6

    Absolut Apologies, Comparisons, Truncation

    Absolut Apologies, Comparisons, Truncation
    It has been a while since a billboard campaign has caught my interest and attention, but the currently running Absolut Goes Dark ads are an exception worth noting: Isn’t it interesting — at least in this context — how the…
  • Jul 3

    Will Your Brand Celebrate American Independence?

    Will Your Brand Celebrate American Independence?
    By Debbie Laskey, MBA In the United States, July is the month when we celebrate Independence, specifically on the Fourth of July. While many retail stores promote “Independence Day” sales that last more than just one day, we can…
Rank this Week: 38

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Jul 7

    Reading list: Christine Jolls on visual disclosure

    Reading list: Christine Jolls on visual disclosure
    Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such…
  • Jul 6

    Exaggerated and outdated photos literally false, court rule

    Exaggerated and outdated photos literally false, court rule
    Spruce Environmental Technologies, Inc. v. Festa Radon Technologies, Co., 2015 WL 4038802, No. 15–11521 (D. Mass. July 2, 2015) Spruce and Festa compete in the radon mitigation industry, selling products for testing and reducing…
  • Jul 6

    Venable on notable NAD product name ruling

    Venable on notable NAD product name ruling
    Amy Mudge and Randall Shaheen explain the NAD's take on product names: if you put two terms together, as in "Nourishing Coconut Shampoo," the ingredient has to provide the benefit.  If not, it has to be called "Nourishing Shampoo with…
Rank this Week: 43

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: 61

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Jun 29

    Important EPA Update for Makers of Consumer Products that Include Nano-Scale Material

    Important EPA Update for Makers of Consumer Products that Include Nano-Scale Material
    The use of nano-scale materials in consumer products has exploded in recent years, with applications in apparel, electronics, cosmetics, energy, and many other fields. Nano-scale materials exist as tiny particles (measured in billionths of a…
  • Jun 26

    Trimming the Fat in Processed Foods: FDA Finalizes Ban on PHO

    Trimming the Fat in Processed Foods: FDA Finalizes Ban on PHO
    Last week, the US Food and Drug Administration (FDA) finalized its proposed ban on partially hydrogenated oils (PHOs) from processed foods based on a determination that there is no longer a scientific consensus on the safety of PHOs. PHOs…
  • Jun 25

    Consumer Products Manufacturers Take Note: House Passes Chemical Safety Legislation

    Consumer Products Manufacturers Take Note: House Passes Chemical Safety Legislation
    The US House of Representatives has decisively taken the lead in the two-step dance that could update and reinvigorate the nearly 40 year old Toxic Substances Control Act (TSCA). Makers and processors of chemical substances and producers and…
Rank this Week: 113

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 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
  • Jun 9

    Presidential Candidate Must Defend TCPA Lawsuit Over A Recorded Script

    Presidential Candidate Must Defend TCPA Lawsuit Over A Recorded Script
    Eighth Circuit Rules On “Survey” Used To Promote Movie Read More › Tags: Advertising, Advertising Law, Privacy, TCPA, TCPA Lawsuit
Rank this Week: 203

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: 341

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 6

    Sprint’s New Pitch: (Not Quite) All-In Pricing Plan

    Sprint’s New Pitch: (Not Quite) All-In Pricing Plan
      Could it be that some of the top executives at the cell and cable companies have been reading our latest rants in Mouse Print* about deceptive low-ball pricing and unexpected additional charges and terms. Probably not. But, as if to…
  • Jun 29

    You May Not Own Your New Cellphone

    You May Not Own Your New Cellphone
      If you are about to get a new cellphone from Sprint or T-Mobile, you better read the fine print, because you may not actually be buying that phone. You may only be leasing it. MOUSE PRINT*: That’s right. Sprint is turning back…
  • Jun 22

    Here We Downsize Again – 2015 (part two)

    Here We Downsize Again – 2015 (part two)
      The parade of products being downsized continues. It is rare that a downsized product makes headlines, but this one did. *MOUSE PRINT: Besides dropping one-quarter of the contents, what is irksome here is the old and new containers are…
Rank this Week: 522

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: 408

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 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…
  • Jun 15

    Advertisers Beware: New FTC Guidance Signals Tough Stance on Endorsement

    Advertisers Beware: New FTC Guidance Signals Tough Stance on Endorsement
    The Federal Trade Commission (FTC) recently released new guidance regarding the use of endorsements in advertising. The new guidance is a “must read” for marketers that feature endorsements from celebrities or consumers in their…
Rank this Week: 701

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: 1117

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Jun 25

    Possible Issues with FCC’s Clarifications to the TCPA

    Possible Issues with FCC’s Clarifications to the TCPA
    The Federal Communications Commission (“FCC”) adopted a package of declaratory rulings regarding the Telephone Consumer Protection Act of 1991 (“TCPA”), which the dissenting Commissioners warn could cause issues for…
  • Jun 15

    FTC Updates FAQs on its Endorsement Guide

    FTC Updates FAQs on its Endorsement Guide
    The FTC recently updated its published guidance on the use of endorsements in advertising. In 2009, the FTC revised its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”). Following…
  • Jun 10

    Live-Streaming Apps; What We Aren’t Talking About

    Live-Streaming Apps; What We Aren’t Talking About
    There are many articles circulating the web about new live-streaming video technologies like Meerkat. These tremendous apps make it possible for users to stream real time video from their phone to the internet for all to view, turning every…
Rank this Week: 1157

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Jun 11

    FTC Workshop on the Sharing Economy: Insights and Promise

    FTC Workshop on the Sharing Economy: Insights and Promise
    This post was written by John P. Feldman and Jonathan R. Davey. Following Commissioner Ohlhausen’s opening presentation, Stanford Professor Liran Einav introduced the first morning panel. It was moderated by Nathan Wilson, Economist for…
  • Jun 10

    New Insights from FTC on Its Endorsement Guides to Reflect Continued Focus on Disclosure

    New Insights from FTC on Its Endorsement Guides to Reflect Continued Focus on Disclosure
    This post was written by John Feldman, Keri Bruce and Sara Shahmiri. After the FTC revised its Guides Concerning the Use of Endorsements and Testimonials (the “Guides”) in 2009, it followed up with a set of frequently asked…
  • Jun 9

    FTC Sharing Economy Workshop: Ohlhausen Sets the Stage for Innovation

    FTC Sharing Economy Workshop: Ohlhausen Sets the Stage for Innovation
    This post was written by John P. Feldman and Jonathan R. Davey. As we, and countless others, have previously written, peer-to-peer sharing services are transforming the world economy.  As Tom Goodwin at Havas Media pointed out in March,…
Rank this Week: 1139

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 7

    Committee on Legal Affairs of the European Parliament approves copyright reform

    Committee on Legal Affairs of the European Parliament approves copyright reform
    The Committee on Legal Affairs of the European Parliament recently approved an amended EU copyright evaluation report (the “Report”) by its member Julia Reda outlining a reform of copyright law in the European Union. The Report…
  • Jun 26

    Will the leap second affect your sweepstakes?

    Will the leap second affect your sweepstakes?
    On June 30, 2015, the world will once again experience a “leap second,” where one second is added to the clock.  As a result, there will actually be civilian clocks reading 23:59:60 on that day.  (Leap second has no…
  • Jun 16

    Canadian plain language labelling requirements take effect for drug product

    Canadian plain language labelling requirements take effect for drug product
    The Regulations Amending the Food and Drug Regulations (Labelling, Packaging and Brand Names of Drugs for Human Use) – more commonly known as the “Plain Language Labelling amendments” – as the requirements apply to…
Rank this Week: 2256

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: 3750

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: 4548

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 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…
  • May 8

    The Shoe Fits: New Oregon BT Suits for “The Cobbler”

    The Shoe Fits: New Oregon BT Suits for “The Cobbler”
    The rights-owner of The Cobbler, a whimsical comedy film starring Adam Sandler, has filed a batch of new BitTorrent copyright suits in the U.S. District Court for the District of Oregon. The Cobbler was widely released earlier this…
  • Apr 28

    Romance Novel Publisher Sues Over Wrongful Takedown Notice in Seattle Court

    Romance Novel Publisher Sues Over Wrongful Takedown Notice in Seattle Court
    The publisher of the “A Baby for My Billionaire Stepbrother” romance novel series has sued various Doe parties over alleged misrepresentations surrounding the books’ publication rights. Zirconia Publishing, Inc. is a…
Rank this Week: 2293

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 1

    Uber Hires a Privacy Mechanic: A Lesson in Both Physical Fitness and Privacy by Design

    Uber Hires a Privacy Mechanic: A Lesson in Both Physical Fitness and Privacy by Design
    Uber may be a smooth ride for those looking to get downtown in a hurry, but its privacy policies are in desperate need of a mechanic. In March, I summarized many of the privacy issues facing the transportation company as it defends itself…
  • Jun 26

    JUNE 2015 FI&C WEBSITE NEWSLETTER

    JUNE 2015 FI&C WEBSITE NEWSLETTER
    *    The Chambers USA 2015 Guide is now online. *    In May, Charlie Faruki spoke on the subject of removal at the Federal Court Practice Seminar. *    Jeff Cox was host and moderator of the May…
  • Jun 24

    Supreme Court Indicates Potential Significant Changes to Consumer Law

    Supreme Court Indicates Potential Significant Changes to Consumer Law
    The Supreme Court’s October 2014 term has been highlighted by decisions such as Bank of America v. Toledo-Cardona and Baker Botts v. ASARCO, which promise to transform the practice of bankruptcy litigation. The Court’s decision to…
Rank this Week: 3099

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 1

    Uber Hires a Privacy Mechanic: A Lesson in Both Physical Fitness and Privacy by Design

    Uber Hires a Privacy Mechanic: A Lesson in Both Physical Fitness and Privacy by Design
    Uber may be a smooth ride for those looking to get downtown in a hurry, but its privacy policies are in desperate need of a mechanic. In March, I summarized many of the privacy issues facing the transportation company as it defends itself…
  • Jun 26

    JUNE 2015 FI&C WEBSITE NEWSLETTER

    JUNE 2015 FI&C WEBSITE NEWSLETTER
    *    The Chambers USA 2015 Guide is now online. *    In May, Charlie Faruki spoke on the subject of removal at the Federal Court Practice Seminar. *    Jeff Cox was host and moderator of the May…
  • Jun 24

    Supreme Court Indicates Potential Significant Changes to Consumer Law

    Supreme Court Indicates Potential Significant Changes to Consumer Law
    The Supreme Court’s October 2014 term has been highlighted by decisions such as Bank of America v. Toledo-Cardona and Baker Botts v. ASARCO, which promise to transform the practice of bankruptcy litigation. The Court’s decision to…
Rank this Week: 2869

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: 3181

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 3087

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
  • Jun 11

    FTC Workshop on the Sharing Economy: Insights and Promise

    FTC Workshop on the Sharing Economy: Insights and Promise
    This post was written by John P. Feldman and Jonathan R. Davey. Following Commissioner Ohlhausen’s opening presentation, Stanford Professor Liran Einav introduced the first morning panel. It was moderated by Nathan Wilson, Economist for…
  • Jun 10

    New Insights from FTC on Its Endorsement Guides to Reflect Continued Focus on Disclosure

    New Insights from FTC on Its Endorsement Guides to Reflect Continued Focus on Disclosure
    This post was written by John Feldman, Keri Bruce and Sara Shahmiri. After the FTC revised its Guides Concerning the Use of Endorsements and Testimonials (the “Guides”) in 2009, it followed up with a set of frequently asked…
  • Jun 9

    FTC Sharing Economy Workshop: Ohlhausen Sets the Stage for Innovation

    FTC Sharing Economy Workshop: Ohlhausen Sets the Stage for Innovation
    This post was written by John P. Feldman and Jonathan R. Davey. As we, and countless others, have previously written, peer-to-peer sharing services are transforming the world economy.  As Tom Goodwin at Havas Media pointed out in March,…
Rank this Week: 4007

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3580