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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/
  • May 23

    Sins of a trademark owner: Rogers applies regardless of intent

    Sins of a trademark owner: Rogers applies regardless of intent
    Rebellion Developments Ltd. v. Stardock Entertainment, Inc., 2013 WL 1944888 (E.D. Mich.) H/T Eric Goldman. Rebellion sued Stardock alleging that Stardock’s game, Sins of a Solar Empire: Rebellion infringed its registered trademark…
  • May 23

    H&R Block can't plausibly plead confusion from comparative ad

    H&R Block can't plausibly plead confusion from comparative ad
    H/T The Trademark Blog H&R Block Eastern Enterprises, Inc. v. Intuit, Inc., No. 13-0072-CV-W-FJG  (W.D. Mo. May 22, 2013) An anti-trademark-expansionist twofer: claim against comparative ad dismissed on the pleadings, and a holding…
  • May 23

    economic loss doctrine doesn't bar New Jersey consumer fraud claim

    economic loss doctrine doesn't bar New Jersey consumer fraud claim
    Francis E. Parker Memorial Home, Inc. v. Georgia-Pacific LLC, --- F. Supp. 2d ----, 2013 WL 2177974 (D.N.J.) Parker sued GP on behalf of a putative class alleging violations of the New Jersey Products Liability Act (PLA); breach of…
Rank this Week: 22

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • May 23

    In the Arena: A Sports Law Handbook

    In the Arena: A Sports Law Handbook
    I contributed a chapter called “How Trademark Protection Intersects with the Athlete’s Right of Publicity” in a new book called In the Arena: A Sports Law Handbook.  Its publication, in true bar association…
  • May 22

    Louis Vuitton on the receiving end

    Louis Vuitton on the receiving end
    Originally posted 2007-02-03 22:01:23. Republished by Blog Post PromoterTwo retailers have sued Louis Vuitton seeking a declaratory judgment of non-infringement in response to a cease and desist letter sent by the feisty French perpetual…
  • May 22

    Norman Blagman versus the whole digital music industry: Round 1 to Blagman.

    Norman Blagman versus the whole digital music industry: Round 1 to Blagman.
    I can’t write a better introductory sentence than Judge Andrew Carter of the United States District Court for the Southern District of New York did to open his May 20, 2013, order and opinion in Blagman v. Apple Inc., so here is…
Rank this Week: 181

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • May 24

    Distinguishing the Fictional From the Real: Names and Brands in Television and Movie

    Distinguishing the Fictional From the Real: Names and Brands in Television and Movie
    We have an interesting question to answer, leading us into the holiday weekend, during which I suspect a few movies will be watched by more than a few marketing types and trademark types: “Is it trademark infringement if…
  • May 23

    Louboutin International Trademark Dispute

    Louboutin International Trademark Dispute
    Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels have recently…
  • May 22

    Nutty News: Dear Biggest Fan, Here’s a Cease-and-Desist Letter

    Nutty News: Dear Biggest Fan, Here’s a Cease-and-Desist Letter
    You have to be one big fan of a company or product to establish a World {What-You-Cannot-Live-Without} Day.  Well, a sticky situation with the well-known hazelnut spread Nutella may have you rethinking your public affection. Back in…
Rank this Week: 191

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
Rank this Week: 244

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 Fulbright & Jaworski L.L.P.

http://fulbrightbrandprotection.blogspot.com/
  • May 24

    State of Texas adopts the Texas Uniform Trade Secret Act

    State of Texas adopts the Texas Uniform Trade Secret Act
    by Jayme Partridge, Brett McKean and Paul Dyson On May 2, 2013, Texas adopted the Texas Uniform Trade Secret Act (“TUTSA”). The TUTSA takes effect on September 1, 2013, and applies to the misappropriation of trade secrets…
  • May 23

    Are infringements of IP rights on the horizon with the advent of 3D printers?

    Are infringements of IP rights on the horizon with the advent of 3D printers?
    by Sue Ross When web sites first started to proliferate, owners of intellectual property like music, photos, films, and other visual arts became concerned with the ease of copying their IP. A similar situation is starting to arise for…
  • May 9

    "Humane” producers of foie gras unable to duck false advertising claim

    "Humane” producers of foie gras unable to duck false advertising claim
    by Kathy Grant and Saul Perloff Last month, the United States District Court for the Northern District of California refused to dismiss federal Lanham Act claims, as well as claims based on California’s unfair-competition and…
Rank this Week: 378

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • May 20

    California Requires Human Trafficking Signs for Certain Businesse

    California Requires Human Trafficking Signs for Certain Businesse
    Continuing its efforts to lead the country both in establishing new requirements to help combat human trafficking and requiring signs in businesses across the state, California now requires certain businesses to post a special notice…
  • May 17

    Third Circuit Affirms Dismissal of Food Class Action on Preemption Ground

    Third Circuit Affirms Dismissal of Food Class Action on Preemption Ground
    The Third Circuit recently upheld the dismissal of a class action complaint against Johnson & Johnson (J&J) challenging the labeling of its Benecol Spreads bearing the statements “No Trans Fat” and “Proven to Reduce…
  • May 16

    Just When You Thought It Was Safe . . . The Lacey Act Debate Return

    Just When You Thought It Was Safe . . . The Lacey Act Debate Return
    On May 16, 2013, the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs (of the House Committee on Natural Resources) will hold an oversight hearing regarding the 2008 Amendments to the Lacey Act, a subject on which we posted…
Rank this Week: 507

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 711

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
  • May 23

    California Bill to Expand Data Security Breach Notification Law Clears Senate Hurdle

    California Bill to Expand Data Security Breach Notification Law Clears Senate Hurdle
    By Rachel Tarko Hudson Last week, the California state Senate passed S.B. 46, a bill to expand the triggering data under the existing data security breach notification law. Currently, breach notification in California is triggered by the…
  • Mar 27

    Who Owns Your Online Persona?

    Who Owns Your Online Persona?
    By Paul Cowie and Wayne Chang Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who first created the account or the employer whose…
  • Jan 10

    Privacy On The Go: Recommendations For The Mobile Ecosystem

    Privacy On The Go: Recommendations For The Mobile Ecosystem
    California’s Attorney General today issued recommendations for mobile app developers and the mobile industry to safeguard privacy for consumers.
Rank this Week: 792

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: 847

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Daniel Low.

http://cpg-retail-litigation.kotchen.com/
  • Apr 29

    Advertisers Expanding Case Against News America to Become a Class Action

    Advertisers Expanding Case Against News America to Become a Class Action
    An antitrust lawsuit brought by Dial Corporation and Heinz against News America Marketing is being expanded to include as Plaintiffs a proposed class of all domestic entities that purchased in-store promotions from News America. Last…
  • Dec 27

    Dial Corp. Sues News America Marketing for Monopolization and Tying

    Dial Corp. Sues News America Marketing for Monopolization and Tying
    Last week, Dial Corporation filed suit against News America Marketing for monopolizing the market for in-store advertising and free-standing inserts (“FSIs”) and engaging in unlawful tying in violation of the antitrust laws. In…
  • Feb 5

    Discovery Sanctions Ordered Against Delta Air Line

    Discovery Sanctions Ordered Against Delta Air Line
    On Friday, the Northern District of Georgia ordered that sanctions be imposed against Delta Air Lines, Inc. (“Delta”) for its discovery misconduct, awarding Plaintiffs certain fees and expenses related to Delta’s failure to timely…
Rank this Week: 866

The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin, branding, replacement parts, famous marks, grey goods and Madrid Protocol. By Schwimmer Mitchell.

http://www.schwimmerlegal.com/
  • Nov 18

    Republican Study Committee Report on Copyright, Withdrawn

    Republican Study Committee Report on Copyright, Withdrawn
    Report on Copyright Law, by Republican Study Committee, withdrawn. Coverage here and here.
  • Nov 16

    HOBBIT v AGE OF THE HOBBITS

    HOBBIT v AGE OF THE HOBBITS
    Producers of The Hobbit sue low-budget film AGE OF THE HOBBITS. One does not simply use the name HOBBIT in a title. Complaint (in two parts) is fun reading. Coverage here. You know what would be an interesting trademark fact pattern – a…
  • Oct 26

    Village Voice v Yelp (BEST OF _____ v BEST OF _____)

    Village Voice v Yelp (BEST OF _____ v BEST OF _____)
    Village Voice owns local newspapers in various cities. They offer ‘incentive/promotional programs’ to local establishments under the BEST OF mark as In BEST OF DALLAS, BEST OF DENVER, etc. Yelp, the local review/directory site/app is…
Rank this Week: 1075

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • May 20

    J.C. Penney Now Restickering Goods with Higher Price

    J.C. Penney Now Restickering Goods with Higher Price
    Following up on our story last week about J.C. Penney putting new higher “fake” regular prices on goods on their website (most likely so they could offer them “on sale” in the near future), consumer reporter John…
  • May 13

    “Fake” Regular Prices Return to J.C. Penney

    “Fake” Regular Prices Return to J.C. Penney
    Poor Ron Johnson. He became J.C. Penney’s CEO a little over a year ago and promised to get rid of the admittedly “fake prices” that the company slapped on goods to make their many sales seem more deeply discounted than they…
  • May 5

    If You Don’t Read the Fine Print of Cable Ads…

    If You Don’t Read the Fine Print of Cable Ads…
    If you don’t read the fine print, particularly in ads from cable companies, you could get snookered. Example 1: Cox advertised high speed Internet for only $19.99 per month for two years. *MOUSE PRINT: When you clickthrough, you realize…
Rank this Week: 2076

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • May 16

    NEXT WEEK: The Joint Policy Committee Seminar, Hosted by Extreme Reach

    NEXT WEEK: The Joint Policy Committee Seminar, Hosted by Extreme Reach
    Join Los Angeles area advertising industry leaders in a seminar to review and explain the many changes to the SAG-AFTRA Agreements. Doug Wood, Lead Negotiator for the Joint Policy Committee, and Stacy Marcus, Legal Counsel to the Joint Policy…
  • May 10

    The Joint Policy Committee Seminar, Hosted by Extreme Reach

    The Joint Policy Committee Seminar, Hosted by Extreme Reach
    Join Los Angeles area advertising industry leaders in a seminar to review and explain the many changes to the SAG-AFTRA Agreements. Doug Wood, Lead Negotiator for the Joint Policy Committee, and Stacy Marcus, Legal Counsel to the Joint Policy…
  • May 10

    The Joint Policy Commitee Seminar, Hosted by Extreme Reach

    The Joint Policy Commitee Seminar, Hosted by Extreme Reach
    Join Los Angeles area advertising industry leaders in a seminar to review and explain the many changes to the SAG-AFTRA Agreements. Doug Wood, Lead Negotiator for the Joint Policy Committee, and Stacy Marcus, Legal Counsel to the Joint Policy…
Rank this Week: 2036

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 8

    Privacy Today: The More Things Change, the More they Stay the Same

    Privacy Today: The More Things Change, the More they Stay the Same
    I recently had the privilege of moderating a privacy panel discussion at an unmanned aerial systems (“UAS”) conference.  UAS’s have been in the news lately, so you can imagine the interest and concern for privacy and…
  • Apr 9

    Charles Faruki Honored as an All-Star for Outstanding Client Service

    Charles Faruki Honored as an All-Star for Outstanding Client Service
    Charles Faruki, Managing Partner of FI&C was recently selected as a 2013 BTI Client Service All-Star MVP by BTI Consulting Group. All-Star MVPs are standout attorneys honored for delivering superior client service year after year. Charlie…
  • Mar 20

    SCOTUS Issues First-Ever Decision Interpreting CAFA

    SCOTUS Issues First-Ever Decision Interpreting CAFA
    On Tuesday, March 19, 2013, the U.S. Supreme Court issued a unanimous decision in  Standard Fire Ins. Co. v. Knowles, No. 11-1450, and held that class action plaintiffs cannot plead around the Class Action Fairness Act’s…
Rank this Week: 2123

New York Advertising Attorneys…

New York Advertising Attorneys Blog

Provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. By the Lustigman Firm, P.C.

http://www.advertisinglawblog.com/
  • Nov 26

    Western District of Washington Becomes A TCPA hotbed

    Western District of Washington Becomes A TCPA hotbed
    The Western District of Washington has joined the Northern District of Illinois and the entire state of California as a hotbed of activity for Telephone Consumer Protection Act (TCPA) class action suits. In addition to the TCPA, Washington…
  • Nov 26

    Contest Sponsor Discontinues Performance Claim Couched in 'Contest' Language

    Contest Sponsor Discontinues Performance Claim Couched in 'Contest' Language
    Earlier this year, Oracle sponsored a contest that was advertised on the front page of the Wall Street Journal and other major newspapers. In the ad Oracle claimed that if an Exadata Data Warehouse system is not "5x faster" than an (IBM)…
  • Nov 21

    NAAG Announces Top Ten Consumer Complaints List

    NAAG Announces Top Ten Consumer Complaints List
    The National Association of Attorneys General has announced the Top 10 Consumer Complaints for 2012. Automotive complaints topped the list (the majority of which involved auto sales, but also included auto advertising practices, auto service…
Rank this Week: 2417

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
  • May 10

    Louisiana ATC Throws a Bone to Brewers – Explains Tasting Room Rule

    Louisiana ATC Throws a Bone to Brewers – Explains Tasting Room Rule
      Many moons ago, I had a premature party over the passage of a law that I thought might have an impact on opening up taprooms to brewers in Louisiana. It turned out that the law was directed only at distillers (strange, right?…
  • Apr 16

    And Now a Word from Your Brewer……

    And Now a Word from Your Brewer……
      When I first moved to Seattle, the very first beer that I had was a Manny’s Pale Ale. Georgetown Brewing was a baby at that time, yet today they continue to grow and add jobs to the Seattle area. Kudos. Here is a word from their…
  • Apr 11

    House Democrats Anger Craft Brewers, Justified Responses Ensue

    House Democrats Anger Craft Brewers, Justified Responses Ensue
    At a press conference today in Olympia, House Democrats disclosed their new tax proposal. The Governor’s insane proposal to raise the tax on microbreweries by $0.50 a gallon, was watered down to a proposed $0.15 hike. Better, not good.…
Rank this Week: 2707

OberIPWatch

OberIPWatch

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

http://oberipwatch.com/
  • Apr 25

    Cariou v. Prince: A victory for appropriation art

    Cariou v. Prince: A victory for appropriation art
    The United States Court of Appeals for the Second Circuit reversed a lower court opinion today in the case of Cariou v. Prince and handed another victory to the perhaps surprisingly robust world of contemporary collage artistry and…
  • Apr 22

    Prior Art 101 for §§102 and 103

    Prior Art 101 for §§102 and 103
    If you read IP blogs with any regularity you no doubt know that patent reform has come courtesy of the America Invents Act (“AIA”), although the “old” patent law hasn’t really left us and won’t for quite…
  • Apr 12

    You Bought It, Now Dispose Of It How You Please

    You Bought It, Now Dispose Of It How You Please
    The Supreme Court recently ruled in the case of Kirtsaeng v. John Wiley & Sons, Inc. (Docket No. 11-697) that the copyright “first-sale” doctrine trumps a copyright holder’s right to control distribution of products…
Rank this Week: 2788

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3503

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/
Rank this Week: 3206

ReACTS

ReACTS

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

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

    OFT Investigates So-Called "Free" Web- And App-Based Children's Game

    OFT Investigates So-Called "Free" Web- And App-Based Children's Game
    Over the last year, a number of cases have been reported where children have unwittingly racked up huge bills while playing web and app-based games that are free to download. The bills came from expensive "in-app purchases" of content such as…
  • Mar 20

    Amazon Seller Swears No Breach Of The Code...ASA Disagree

    Amazon Seller Swears No Breach Of The Code...ASA Disagree
    The ASA has upheld a complaint concerning a Christmas card which was offered for sale through the Amazon market place by the seller named smellyourmum.com. The front of the card contained wording incorporating a strong expletive which,…
  • Mar 1

    Advertisers Make Hay While The Horsemeat Scandal Races On

    Advertisers Make Hay While The Horsemeat Scandal Races On
    With news in this week that a certain Swedish retailer has joined the list of companies whose beef products have been found to contain elements of horsemeat, it is interesting to take a look at how the advertising industry has…
Rank this Week: 5120

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • May 6

    WOMD. Now Available at Your Nearby Staples!

    WOMD. Now Available at Your Nearby Staples!
    I read with interest, recent reports of a 3-D printed hand gun, created by Defense Distributed, being test-fired at a gun range just south of Austin, Texas. Defense Distributed, whose website bills itself as "The Home of the Wiki Weapons…
  • Apr 30

    Useless But Compelling Facts - April 2013

    Useless But Compelling Facts - April 2013
    EXTRA, EXTRA !  WORLD WIDE WEB CELEBRATES BOTH A BIRTHDAY AND AN ANNIVERSARY!! In a world of “firsts,” Legal Bytes is publishing a Useless But Compelling Fact – both the Question & the Answer at the same time. We…
  • Apr 15

    "No taxation without representation"

    "No taxation without representation"
    In the mid-1700s, British colonists in the 13 Colonies, which eventually became the original United States of America, began to summarize their primary grievance against British rule with the slogan, "No taxation without representation."…
Rank this Week: 4160

Ad Briefs: Covering Your Ads

Ad Briefs: Covering Your Ads

Covers legal issues affecting interactive, sports and entertainment marketing and promotions. Publsihed by Sheppard Mullin Richter and Hampton LLP.

http://www.coveringyourads.com/
  • Feb 5

    Path/FTC Settlement - Much More Than A Slap On The Wrist

    Path/FTC Settlement - Much More Than A Slap On The Wrist
    By Kathryn Hines  On February 1, 2012, “smart journal” application provider, Path, Inc. (“Path”) agreed to settle Federal Trade Commission (“FTC”) charges that it deceived consumers and improperly…
  • Jan 29

    FTC Updates To Online Privacy Acts, COPPA And VPPA

    FTC Updates To Online Privacy Acts, COPPA And VPPA
    By Gina Ilardi The Children's Online Privacy Protection Act (“COPPA”) was enacted to place parents in control over what information is collected, used and disclosed from young children online. COPPA applies to operators of…
  • Oct 12

    FTC Issues Revised "Green Guides"

    FTC Issues Revised "Green Guides"
    By Robert Magielnicki On October 1, 2012, the Federal Trade Commission issued revised “Guides For The Use Of Environmental Marketing Claims” – the “Green Guides,” 16 CFR Part 260. The Green Guides originally were issued in 1992 and…
Rank this Week: 4958