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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 29

    DC Comics thinks derivative works are creator-le

    DC Comics thinks derivative works are creator-le
    According to this post by a DC Comics artist (who created Felicity Smoak!).  This raises fascinating contract issues, as well as depressingly highlighting artists' lack of bargaining…
  • Apr 29

    The dangers of only arguing one half of 43(a)

    The dangers of only arguing one half of 43(a)
    Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new…
  • Apr 27

    briefly noted: another court rejects proof of purchase requirement for class ascertainability

    briefly noted: another court rejects proof of purchase requirement for class ascertainability
    Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn't be an injunctive relief class after the challenged statement was removed…
Rank this Week: 62

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • May 3

    Out to launch

    Out to launch
    The glamour of the jet age! It can only get better when LIKELIHOOD OF CONFUSION® touches down soon at #INTA2015! pic.twitter.com/aG7AA7YDGT — Likelihood TM Blog (@likely2confuse) May 3, 2015
  • Apr 29

    The deceptively simple process of “trademarking”

    The deceptively simple process of “trademarking”
    Somewhere, some time — I think, perhaps, it was in my contribution to this work, actually — I noted that with the advent of online trademark registrations, it has become deceptively easy to think anyone — just anyone!…
  • Apr 22

    Marco Randazza SLAPPS back

    Marco Randazza SLAPPS back
    Spread the word. If you care about free speech anywhere, spread the word. https://t.co/CofJcTWNVt — Marc J. Randazza (@marcorandazza) April 22, 2015 My brother-from-another-mother Marc Randazza is obsessed these days, and…
Rank this Week: 82

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • May 1

    Remember the Alamo® but Don’t Forget the License.

    Remember the Alamo® but Don’t Forget the License.
    With hard pressed economic times, state and local governments have turned to new sources of revenue: intellectual property licensing. The City of New York has been in the game for decades, licensing use of its the I ♥ NY symbol.…
  • Apr 30

    Imported from “Dertroit”

    Imported from “Dertroit”
    Readers of the blog know the dangers of selling unlicensed apparel and the oft-litigious stance of Major League Baseball when it comes to defending its marks.  But a recent viral t-shirt phenomenon may just be one time the…
  • Apr 29

    Really, Seriously? Frat boys, Go Home to Mommy (Patagonia Sues To Shut Down ‘Fratagonia’ Line)

    Really, Seriously? Frat boys, Go Home to Mommy (Patagonia Sues To Shut Down ‘Fratagonia’ Line)
    –Aaron Keller, Managing Principal, Capsule Unfortunately, the phrase “frat boy” or “fraternity” has been dealt another cultural blow by some less-than-impressive gents launching a ‘Fratagonia’ line of…
Rank this Week: 96

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/
  • Apr 21

    Recent Trademark Decision

    Recent Trademark Decision
    BAIG v. COCA-COLA If the D Ct 'forgets' about a claim but says 'case terminated,' the case is final and appealable http://t.co/QYrivyxvMK — TrademarkBlog (@TrademarkBlog) April 21, 2015 BAIG v. COCA-COLA 7 Cir NATURALLY is generic and…
  • Apr 20

    Text of CAFC Affirmance of SLANTS Rejection

    Text of CAFC Affirmance of SLANTS Rejection
    Slants CAFC ex parte appeal.pdf by martyschwimmer
  • Apr 20

    John Oliver on Patent

    John Oliver on Patent
Rank this Week: 201

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Apr 28

    Trademark Owners to Domain Name Registry: That .suck

    Trademark Owners to Domain Name Registry: That .suck
    On April 9, 2015, the Internet Corporation for Assigned Names and Numbers (ICANN), the body governing the registration of domain names, initiated an inquiry into the practices of the Canadian company Vox Populi, the domain name registry that…
  • Apr 23

    “Made in the USA” Update: California Law Upheld and FTC Closes Investigation

    “Made in the USA” Update: California Law Upheld and FTC Closes Investigation
    A California federal court denied a motion to dismiss challenging California’s strict law regulating the use of “Made in the USA” claims on preemption and constitutional grounds. As we have previously discussed,…
  • Apr 22

    Paper or Plastic? California Referendum Would Bag It

    Paper or Plastic? California Referendum Would Bag It
    For years the more conscientious among us have faced a dilemma every time we check out: “Paper or plastic?” Which is better for the environment? Do I even need a bag? And ironically, now that more of us are shopping...
Rank this Week: 300

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
  • Apr 30

    Supreme Court To Consider An Appeal That Could Greatly Impact TCPA Litigation

    Supreme Court To Consider An Appeal That Could Greatly Impact TCPA Litigation
    Oral arguments scheduled for October; Decision likely in 2016 Read More › Tags: Advertising, Advertising Law, TCPA, TCPA Class Actions, US Supreme Court
  • Apr 21

    Court Rules Against Affiliate Marketing Network

    Court Rules Against Affiliate Marketing Network
    A District Court has ruled that LeadClick Media, an affiliate marketing network, and its parent company, CoreLogic, Inc., must turn over $16 million they received from Leanspa LLC, an advertiser that sold purported weight-loss products.…
  • Apr 19

    Andrew Lustigman Serves as Editor for American Bar Association Advertising Report

    Andrew Lustigman Serves as Editor for American Bar Association Advertising Report
    Andrew Lustigman was the Editor for Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division. Read More › Tags: Advertising, Advertising Law, advertising self-regulation,…
Rank this Week: 357

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: 876

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 975

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 26

    Despite Crushing Publicity, TurboTax Sales Surge

    Despite Crushing Publicity, TurboTax Sales Surge
      In January, we were the first to call national attention to TurboTax’s nasty and inconspicuous ploy of stripping its flagship desktop income tax preparation software of key tax forms, thus forcing long-time users to upgrade to…
  • Apr 20

    Sears Gives Payment Choice for Refrigerator: $1299 or $2099

    Sears Gives Payment Choice for Refrigerator: $1299 or $2099
      MrConsumer was helping a friend buy a particular refrigerator recently at Sears: One weekend last year, Sears was selling it for $1299, marked down from (a supposed) $2099. Scrolling down the page, there was this “payment…
  • Apr 13

    Cape Cod Potato Chips: 40% Reduced Fat?

    Cape Cod Potato Chips: 40% Reduced Fat?
      When you are choosing which potato chips to eat, do you have an angel on one shoulder nagging you to take the low fat bag, and a devil on the other urging you to grab the regular chips? MrConsumer experienced such a tug, and decided to…
Rank this Week: 1528

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/
  • 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…
  • 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…
Rank this Week: 1570

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: 1675

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: 1504

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
  • May 1

    REGISTRATIONS NOW BEING ACCEPTED

    REGISTRATIONS NOW BEING ACCEPTED
    Join FIC partners Erin Rhinehart & Laura Sanom on June 12 for “Principles of Negotiation – How to Get What You Want.”  Click here for additional information and to register for the event.  The event is…
  • Apr 29

    I’m Rubber, You’re Glue: First Amendment Protects Hyperbole and Opinion

    I’m Rubber, You’re Glue: First Amendment Protects Hyperbole and Opinion
    In 2011, TripAdvisor – the world’s largest website company providing reviews of travel-related content – named The Grand Resort Hotel & Convention Center (“Grand Resort”) in Pigeon Forge, Tennessee the…
  • Apr 24

    Kroc Center Hosts Dayton’s Spring Edition of the Bench/Bar Media Law Forum

    Kroc Center Hosts Dayton’s Spring Edition of the Bench/Bar Media Law Forum
    Yesterday, FIC partner Jeff Cox and U.S. Magistrate Judge Michael J. Newman moderated the spring edition of Dayton’s Bench/Bar Media Law Forum. For the past several years, Dayton’s legal community, media outlets, and law…
Rank this Week: 2891

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/
  • May 1

    REGISTRATIONS NOW BEING ACCEPTED

    REGISTRATIONS NOW BEING ACCEPTED
    Join FIC partners Erin Rhinehart & Laura Sanom on June 12 for “Principles of Negotiation – How to Get What You Want.”  Click here for additional information and to register for the event.  The event is…
  • Apr 29

    I’m Rubber, You’re Glue: First Amendment Protects Hyperbole and Opinion

    I’m Rubber, You’re Glue: First Amendment Protects Hyperbole and Opinion
    In 2011, TripAdvisor – the world’s largest website company providing reviews of travel-related content – named The Grand Resort Hotel & Convention Center (“Grand Resort”) in Pigeon Forge, Tennessee the…
  • Apr 24

    Kroc Center Hosts Dayton’s Spring Edition of the Bench/Bar Media Law Forum

    Kroc Center Hosts Dayton’s Spring Edition of the Bench/Bar Media Law Forum
    Yesterday, FIC partner Jeff Cox and U.S. Magistrate Judge Michael J. Newman moderated the spring edition of Dayton’s Bench/Bar Media Law Forum. For the past several years, Dayton’s legal community, media outlets, and law…
Rank this Week: 3491

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 30

    On-Call Retail Shifts Are On-the-Spot in New York

    On-Call Retail Shifts Are On-the-Spot in New York
    Employers in New York are bound by a law that requires them to pay workers who report for scheduled shifts at least four hours of pay, even if managers send them home earlier. See 12 NYCRR 142-2.3. According to the office of the New York…
  • Apr 28

    Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market

    Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market
    Arent Fox Intellectual Property partner Cristina Carvalho and head of Arent Fox’s Fashion Law practice Anthony Lupo present, "Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market" in…
  • Apr 23

    When Fashion is Your Business: Tax Advice on Clothing Allowances & Uniform

    When Fashion is Your Business: Tax Advice on Clothing Allowances & Uniform
    Fashion companies often provide uniforms and clothing allowances to their employees. If the company meets requirements set by the Internal Revenue Service, they can get tax favored treatment for those items. However, it can be difficult for…
Rank this Week: 2472

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • 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…
  • Apr 28

    …And Yet More BitTorrent Suits Filed In Oregon Court

    …And Yet More BitTorrent Suits Filed In Oregon Court
    Various film companies filed another batch of copyright lawsuits in the U.S. District Court, District of Oregon. Plaintiff A&T SPVH, Inc.’s new lawsuit involves the 2014 film, The Humbling, which stars Al Pacino, in what Variety…
  • Apr 16

    A Pack of BitTorrent Lawsuits Filed by Film Producers in Oregon Federal Court

    A Pack of BitTorrent Lawsuits Filed by Film Producers in Oregon Federal Court
    A pair of film production companies continues a wave of BitTorrent-related copyright lawsuits, all filed by the same lawyer in the U.S. District Court, District of Oregon. Several of the lawsuits – some filed last month…
Rank this Week: 2421

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Apr 28

    Retail-Tracking Service Provider Nomi Technologies Settles FTC Complaint Over False Statement in its Privacy Policy

    Retail-Tracking Service Provider Nomi Technologies Settles FTC Complaint Over False Statement in its Privacy Policy
    Last week, the Federal Trade Commission announced a complaint against and proposed settlement with Nomi Technologies, Inc.* (“Nomi”), based on allegations that Nomi included a false representation in its Privacy Policy. Nomi is an…
  • Apr 20

    FTC’s $11.9 Million Win Emphasizes Need to Follow Guideline

    FTC’s $11.9 Million Win Emphasizes Need to Follow Guideline
    The Federal Trade Commission (“FTC”) just won another important victory as part of its crackdown on deceptive health claims. LeadClick Media (“LeadClick”) and its parent company were held responsible for claims made by…
  • Apr 20

    FTC’s $16 Million Win Emphasizes Need to Follow Guideline

    FTC’s $16 Million Win Emphasizes Need to Follow Guideline
    The Federal Trade Commission (“FTC”) just won another important victory as part of its crackdown on deceptive health claims. LeadClick Media (“LeadClick”) and its parent company were held responsible for claims made by…
Rank this Week: 4058

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
Rank this Week: 4155

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
Rank this Week: 4154

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Apr 15

    A Brief History of the U.S. Income Tax

    A Brief History of the U.S. Income Tax
    Although income taxes were imposed for a brief time during the Civil War and again in the 1890s, it was not until 1913, upon passage of the 16th Amendment to the Constitution of the United States, that federal income tax became a…
  • 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…
Rank this Week: 4059

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
  • Apr 15

    Cybersquatting and political campaigns: No laughing matter

    Cybersquatting and political campaigns: No laughing matter
    As the number of 2016 presidential contenders begins to swell, an issue that often accompanies political campaigns has reared its ugly head. It’s political cybersquatting. Consider this recent Lady Liberals’ Facebook post:…
  • Apr 14

    FDA proposes guidance for “low risk” medical device

    FDA proposes guidance for “low risk” medical device
    Recently my wife put on a few pounds and has gotten quite lazy or as she prefers to call it, pregnant. Jim Gaffigan How a concept is characterized can make a big difference in the way it is welcomed – from not at all to warmly embraced.…
  • Apr 10

    Regulators Asked to Ban Use of “Diet” on Soda Label

    Regulators Asked to Ban Use of “Diet” on Soda Label
    On Thursday, the consumer advocacy group, U.S. Right to Know (RTK), asked the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) to prohibit the Coca Cola Company and PepsiCo Inc. from using the allegedly…
Rank this Week: 2585

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: 3513

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3813