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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/
  • Apr 15

    FDA has a standard, so no Lanham Act claim can be made

    FDA has a standard, so no Lanham Act claim can be made
    OraLabs, Inc. v. Kind Group LLC, 2014 WL 1395954, No. 13–cv–00170 (D. Colo. Apr. 10, 2014)The court adopted the magistrate judge's recommendation to deny Kind leave to amend its counterclaims to add a Lanham Act false advertising…
  • Apr 15

    conflict mineral disclosure unconstitutional, DC Circuit rule

    conflict mineral disclosure unconstitutional, DC Circuit rule
    National Association of Manufacturers v. Securities and Exchange Commission, No. 13-5252 (D.C. Cir. Apr. 14, 2014)If we needed an example of how the First Amendment can reinstate Lochner, this would be a good one.  Here we have a…
  • Apr 14

    dig if you will the picture

    dig if you will the picture
    Bold Rock bottle in greenRolling Rock bottleRolling Rock and Bold Rock.  Too bold?
Rank this Week: 129

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Apr 10

    Explicitly your

    Explicitly your
    Tomorrow I will be on a panel called ”Warning, the Following Material May Be Explicit: Addressing the Efficacy of §2(a) of the Lanham Act” as part of American University Law Review’s annual Federal Circuit…
  • Apr 9

    Foul baller

    Foul baller
    Originally posted 2007-03-27 00:42:26. Republished by Blog Post PromoterA former major leaguer goes from giving up runs to running from the law. From pitch counts to multiple counts. From pitching and hitting to counterfeiting. From –…
  • Apr 9

    EFF backs eBay in Tiffany spat

    EFF backs eBay in Tiffany spat
    Originally posted 2008-12-05 00:01:56. Republished by Blog Post PromoterSee, we don’t agree with Public Citizen all the time!  Read on, via the Electronic Frontier Foundation (EFF): [EFF] along with Public Citizen and Public…
Rank this Week: 152

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Apr 15

    Has Brand Jordan Stepped Out of Bounds?

    Has Brand Jordan Stepped Out of Bounds?
    - Draeke Weseman, Weseman Law Office, PLLC In 1984, Nike needed an NBA superstar. Magic Johnson and Larry Bird wore Converse brand basketball shoes, as did most of the other major NBA stars. Adding to the pressure, Nike sales were in general…
  • Apr 13

    Calling Non-Traditional Trademarks By Name

    Calling Non-Traditional Trademarks By Name
    Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names: “Marketing types, when brand owners operate in the world of…
  • Apr 13

    Why “Hours of Energy Now”?

    Why “Hours of Energy Now”?
    Tim, after shopping at Costco over the weekend, the reason why the 5-Hour Energy folks seem so interested in owning “Hours of Energy Now” became more apparent: Does Costco’s Kirkland brand energy drink packaging…
Rank this Week: 291

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: 682

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/
Rank this Week: 1043

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
Rank this Week: 1334

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Apr 14

    They Advertise “Free” Shipping But Default to “Pay” Shipping

    They Advertise “Free” Shipping But Default to “Pay” Shipping
     A senior citizen friend was in need of a new TV, so MrConsumer found a wonderful deal on a 32″ Sony for only $199.99 with no sales tax and free shipping at Newegg. Yes, it is reconditioned, but MrConsumer owns two reconditioned…
  • Apr 7

    MetroPCS: “All 4G Phones Only $29″ ?

    MetroPCS: “All 4G Phones Only $29″ ?
     MetroPCS has been advertising a “$29 for All Sale” where “All 4G phones on our nationwide 4G LTE network are now just $29.” MrConsumer thought what a great way to get a high-end 4G-LTE cellphone like the Samsung…
  • Mar 31

    No Joke, Sears Advertises Customers’ Complaint

    No Joke, Sears Advertises Customers’ Complaint
     For inexplicable reasons, until recently, Sears maintained a page on its “Shop Your Way” website that was automatically populated with customers’ reviews and comments. The result of this automation was that…
Rank this Week: 1297

OberIPWatch

OberIPWatch

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

http://oberipwatch.com/
  • Jan 16

    Gov. Chris Christie’s Four Liter Jersey Traffic Jam

    Gov. Chris Christie’s Four Liter Jersey Traffic Jam
    Irresistable mash-up by “the Bosses” for the Gov, delighting both my ”Jersey Girl” and copyright lawyer personalities.
  • Dec 29

    A new Picasso — and a hefty tax bill.

    A new Picasso — and a hefty tax bill.
    Jeffrey Gonano of Wexford in western Pennsylvania won the lottery for the 1914 Picasso painting L’Homme au Gibus (Man in the Opera Hat).  Mr. Gonano had purchased one of the 50,000 lottery tickets that had been sold for…
  • Dec 11

    Pushing Patent Trolls Into the Light of Day: Congress Attacks the Practices of Non-Practicing Entitie

    Pushing Patent Trolls Into the Light of Day: Congress Attacks the Practices of Non-Practicing Entitie
    The Innovation Act, H.R. 3309, was overwhelmingly passed by the House (325-91) last week.  The Senate version seems poised to pass soon, and the White House is reportedly also in favor.  The legislation was introduced by House…
Rank this Week: 1394

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 1598

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: 1603

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: 1754

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: 1699

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Apr 15

    Straight from Singapore #3 (Jet Lag Edition) - Monday: ICANN Begins, For Those Who Think ICANN Begins on Monday

    Straight from Singapore #3 (Jet Lag Edition) - Monday: ICANN Begins, For Those Who Think ICANN Begins on Monday
    (Between jet lag and the pace of ICANN-related events, it’s taken a while to summarize the events at ICANN 49 in Singapore…) Monday, March 23, began with the Opening Ceremony, even though the work of ICANN started on Saturday for…
  • Apr 11

    Stay in Tune with SAG-AFTRA - Town Hall Meeting in Los Angele

    Stay in Tune with SAG-AFTRA - Town Hall Meeting in Los Angele
    Joint Policy Committee’s LA Town Hall Meeting, Hosted by Talent Partners Join us on Tuesday, April 29th to find out what’s new in 2014, including the following hot topics: Resolution of SAG-AFTRA CBA Issues Overview of the…
  • Apr 3

    FTC Has User Generated Content on the Run

    FTC Has User Generated Content on the Run
    In a recent letter to shoe retailer Cole Haan regarding its Wandering Sole Pinterest contest, the Federal Trade Commission (FTC) signaled a major change for promotional contests conducted through social media platforms.  In the letter,…
Rank this Week: 4113

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: 2936

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/
  • Apr 14

    GM Recalls Recalled Cars for New Defect

    GM Recalls Recalled Cars for New Defect
    General Motors (“GM”) has issued a new recall to replace another part of the ignition mechanism in small cars that had already been recalled for faulty ignition switches.  The new recall is for 2003 to 2011 car models,…
  • Apr 8

    T-Mobile Settles Robocall Class Action Suit

    T-Mobile Settles Robocall Class Action Suit
    T-Mobile USA Inc. has agreed to settle a putative consumer class action in the amount of $5 million. The suit alleges that T-Mobile used autodialing technology to call non T-Mobile customers on their cellular telephones for telemarketing…
  • Apr 7

    Hotel Fees at the Center of Recent Class Action Investigation

    Hotel Fees at the Center of Recent Class Action Investigation
    A recent  investigation has been launched to explore the possibility of a class action lawsuit against hotel chains who engage in deceitful practices regarding hotel fees. Specifically, there have been numerous complaints over the…
Rank this Week: 2744

The Brewery Law Blog

The Brewery Law Blog

Covers licensing, permitting, advertising, labeling and distribution issues affecting the brewing industry. By Reiser Legal LLC.

http://brewerylaw.com
  • Apr 14

    Kettle and Stone Brewing Changes Name to Avoid Trademark Dispute with Stone Brewing Co.

    Kettle and Stone Brewing Changes Name to Avoid Trademark Dispute with Stone Brewing Co.
    Here’s a position no 10-month-old brewery wants to be in. Out in Boulder, Colorado, a fledgling brewery initially selected the name Kettle and Stone Brewing, after a three-months-long name-selection process. As the brewery worked hard…
  • Apr 11

    New Brewery Trademark Lawsuit: DuClaw Brewery, LLC v. Left Hand Brewing Company, Inc. (Docket Number 1:14-cv-00908)

    New Brewery Trademark Lawsuit: DuClaw Brewery, LLC v. Left Hand Brewing Company, Inc. (Docket Number 1:14-cv-00908)
    In addition to the present “Nitro” TTAB tussle, Left Hand Brewing Co. is now involved in a different brewery v. brewery trademark dispute, a full-blown case that has spilled into federal court. This time, the matter is DuClaw…
  • Apr 9

    Greetings from CBC 2014!

    Greetings from CBC 2014!
    Right now, Reiser Legal is out in Denver at this year’s Craft Brewers Conference. If you’re out in this part of the world too, definitely get in touch with us, through this blog or otherwise—we’d love to meet up and…
Rank this Week: 4621

ReACTS

ReACTS

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

http://www.advertisingcompliancelaw.com/
  • Apr 10

    The Colour Purple: Cadbury loses battle to register its signature purple shade

    The Colour Purple: Cadbury loses battle to register its signature purple shade
    Cadbury has lost its Supreme Court battle to register as a trade mark its iconic colour purple (known as Pantone 2685C), ending a 10-year legal battle between Cadbury and its competitor Nestlé. The UK Supreme Court has refused…
  • Mar 11

    ASA Withdraws Pistorius Ad: Joke's On You, Paddy Power

    ASA Withdraws Pistorius Ad: Joke's On You, Paddy Power
     Last week, the ASA ordered Paddy Power to remove a newspaper ad offering "money back" on bets if Oscar Pistorius is found not guilty of murder. The ad showed a photograph of the South African Paralympian superimposed on a statue of…
  • Feb 18

    Non! - ASA Bans Kronenbourg Ad For Over-Emphasising French Connection

    Non! - ASA Bans Kronenbourg Ad For Over-Emphasising French Connection
      Kronenbourg’s advertising campaign starring French footballing icon Eric Cantona has been banned. The ASA investigated two separate ads for the same campaign; a TV ad and a print ad. The TV ad explained how French men were lauded…
Rank this Week: 4112

Ad Nauseam

Ad Nauseam

Covers legal issues in advertising and media.

http://www.adnauseamblog.org/
  • 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…
  • Mar 27

    Ad Nauseum CLE Event – Ethics in Social Media Panel

    Ad Nauseum CLE Event – Ethics in Social Media Panel
    IP Jobtrack Event Blog Post   Spring is here (or so they say…) and so is the time to click here and register for NYLS Ad Nauseam’s Spring Event!  This year, we highlight how social media shapes new trends…
Rank this Week: 2372

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/
  • Apr 9

    Arent Fox Partner Anthony Lupo Speaks in Panel Discussion at 2014 Legal and Regulatory Conference

    Arent Fox Partner Anthony Lupo Speaks in Panel Discussion at 2014 Legal and Regulatory Conference
    On April 9, 2014, Anthony V. Lupo will participate in a panel discussion about advertising and updates in the FTC at the 2014 Legal and Regulatory Conference. The panel, titled “Don Draper in the Digital Age: How…
  • Apr 1

    The Weekly Cut

    The Weekly Cut
     News you can use from around the fashion industry: Mobile App, House Account, Lets Shoppers Browse and Buy from Far-Flung Boutique Shops. [Wall Street Journal] Japan's Fast Retailing Co Ltd, the Parent Company of Uniqlo, Sets High…
  • Mar 26

    The Weekly Cut

    The Weekly Cut
    News you can use from around the fashion industry: Zappos Is Piloting a Personal Shopping Service on Instagram. [Fashionista] Golden Gate Reports 9.5% Stake in Women’s Retailer Ann Taylor. [Bloomberg] Barneys Removes Ecommerce…
Rank this Week: 2446

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Apr 8

    Airlines Defeat Rabbi in Supreme Court Battle Over Frequent Flyer Mile

    Airlines Defeat Rabbi in Supreme Court Battle Over Frequent Flyer Mile
    Not even a Higher Power could save a rabbi’s frequent flyer miles from the High Court. In 2008, Northwest cancelled Rabbi Binyomin Ginsberg’s frequent flier account, relying on a provision in the program permitting Northwest to…
  • Apr 4

    Supreme Court Inks Decision Regarding Who May Bring Lanham Claim

    Supreme Court Inks Decision Regarding Who May Bring Lanham Claim
    Last week, in a unanimous decision, the Supreme Court clarified the standard for who may bring claims pursuant to Section 43(a) of the Lanham Act. The case began when Lexmark, a manufacturer and retailer of printers and toner cartridges,…
  • Apr 2

    Are Websites Public Accommodations?

    Are Websites Public Accommodations?
    Most people take for granted the 24/7 availability of information, products, and services online. Businesses can interact with their customers no matter where they -- the business or the customer -- may be. This very capability has led many…
Rank this Week: 4849

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Mar 27

    Useless But Compelling Facts - March 2014 Answer

    Useless But Compelling Facts - March 2014 Answer
    Our last trivia question (UBCF) asked what connection storm and hurricanes have with the Beatles. In August of 1962, The Beatles replaced drummer Pete Best with Ringo Starr (born Richard Starkey), a drummer who was with another popular local…
  • Mar 27

    Useless But Compelling Facts - December 2013 Answer

    Useless But Compelling Facts - December 2013 Answer
    Our last trivia question (UBCF) asked what connection storm and hurricanes have with the Beatles. In August of 1962, The Beatles replaced drummer Pete Best with Ringo Starr (born Richard Starkey), a drummer who was with another popular local…
  • Mar 21

    Useless But Compelling Facts - Question for March 2014

    Useless But Compelling Facts - Question for March 2014
    Most people associate storms and hurricanes with weather and natural disasters, but one storm and some hurricanes have a relationship to The Beatles way back in the early 1960s.  Can you guess the connection?
Rank this Week: 3947

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: 2426

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
  • Nov 6

    Products or Services That Cannot Be Sold To California Minors Cannot Be Advertised To Them Online, Either

    Products or Services That Cannot Be Sold To California Minors Cannot Be Advertised To Them Online, Either
    California Governor Jerry Brown recently signed into law S.B. 568, the first bill of its kind in the nation. S.B. 568 enacts two new statutes under the title “Privacy Rights for California Minors in the Digital World.” The first,…
  • Nov 6

    Rash California Minors Get An Online “Eraser Button”

    Rash California Minors Get An Online “Eraser Button”
    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. Sort of. California…
  • Oct 18

    California Enacts New Data Privacy Law

    California Enacts New Data Privacy Law
    By James Chadwick and Rachel Tarko Hudson  As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data…
Rank this Week: 4110

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/
  • 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. …
  • Nov 6

    Products or Services That Cannot Be Sold To California Minors Cannot Be Advertised To Them Online, Either

    Products or Services That Cannot Be Sold To California Minors Cannot Be Advertised To Them Online, Either
    By Elizabeth Barcohana California Governor Jerry Brown recently signed into law S.B. 568, the first bill of its kind in the nation. S.B. 568 enacts two new statutes under the title “Privacy Rights for California Minors in the…
  • Oct 18

    California Enacts New Data Privacy Law

    California Enacts New Data Privacy Law
    By James Chadwick and Rachel Tarko Hudson  As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending…
Rank this Week: 4422

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: 4847

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3777