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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/
  • Aug 7

    IPSC part 5: more copyright

    IPSC part 5: more copyright
    Third Breakout SessionCopyright and CompetitionCopyright’s Technological InterdependenciesClark AsayTechnological patrons depend on copyright for their motivations.  Copyright is an interdependent part of broader creative systems.…
  • Aug 7

    IPSC part 4: copyright (and a bit on the right of publicity)

    IPSC part 4: copyright (and a bit on the right of publicity)
    Second Breakout SessionCopyright Fair UseRaw Materials and Creative WorksAndrew GildenRaw materials concept is part of transformativeness in copyright and right of publicity cases.  Project: Examining the application and meaning of this…
  • Aug 7

    IPSC part 3: judicial panel

    IPSC part 3: judicial panel
    Judicial Panel: Chief Judge Diane Wood (7th Circuit) and Chief Judge Alex Kozinski (9th Circuit) Peter Menell: Discussion question: is IP common law?Wood: throughout the federal level, we are not a pure common law system, nor a civil law…
Rank this Week: 68

Likelihood of Confusion

Likelihood of Confusion

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

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

    Starbucks, we hardly know you

    Starbucks, we hardly know you
    I’ve been writing about the brand and trademarks adventures and misadventures of Starbucks for years. Sometimes, however, a picture is worth a thousand posts. OK, this might not necessarily be one of those times, because…
  • Sep 24

    THE SLANTS trademark: The CAFC reply brief

    THE SLANTS trademark: The CAFC reply brief
    If you’re following the excitement, you’ve already bookmarked and, presumably, shared with all your friends our initial Federal Circuit brief filed in support of the appeal from the PTO / TTAB’s refusal to register the…
  • Sep 16

    Getting the timing right on copyright registration

    Getting the timing right on copyright registration
    Originally posted 2009-09-10 21:42:19. Republished by Blog Post PromoterMarty Schwimmer: IDEA v PETA (SDNY August 298 2009): Plaintiff, no doubt aware that statutory damages are only available for post-registration copyright infringements…
Rank this Week: 151

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/
  • Sep 22

    LA CREMA v CREME SOLAIRE, for wine

    LA CREMA v CREME SOLAIRE, for wine
    la crema v creme solaire.pdf
  • Sep 22

    BLUE CATS TRIPPIN v PABST BLUE RIBBON

    BLUE CATS TRIPPIN v PABST BLUE RIBBON
    The demand letter from the owners of the PABST mark was sent September 12. VIP Products, maker of chew toys for dogs which parody well-known trademarks, filed the declaratory judgment action on September 19. I have blogged about a previous DJ…
  • Sep 20

    Several Recent District Court Decision

    Several Recent District Court Decision
    That name again is Dr Numb: How to plead a prima facie case for a variety of trademark causes in the CD Cal http://t.co/HTsV1v3R1P — TrademarkBlog (@TrademarkBlog) September 20, 2014 Colorado unfair comp: Pltf didn't allege GoPro copied…
Rank this Week: 170

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Oct 1

    3 Really Is the Magic Number

    3 Really Is the Magic Number
    - Mark Prus, Principal, NameFlash Schoolhouse Rock fans already know this, but it took a January 2014 publication in the Journal of Marketing for marketers to get confirmation. I blogged about Procter & Gamble’s “Secret of the…
  • Sep 30

    Coca-Cola’s Significant Interest in Zero Mark

    Coca-Cola’s Significant Interest in Zero Mark
    Coca-Cola just announced it is introducing Coke Zero in India, which will make it the sub-brand’s 149th market in the world, a truly remarkable reach. As the popular Coke Zero brand is approaching its tenth anniversary in the U.S., it…
  • Sep 29

    Show More Value, or Lose The Sale

    Show More Value, or Lose The Sale
    — Neil F. Anderson, Founder & President, The Courage Group, Inc. Now days, it’s tough for any business, regardless of size, to successfully compete and win new business. The days of signing up new clients or customers with…
Rank this Week: 202

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Oct 1

    Shipping Goods On Time: Does Your Company Have Everything In Order?

    Shipping Goods On Time: Does Your Company Have Everything In Order?
    If your company takes orders over the Internet, by phone, or by mail, the Federal Trade Commission’s (FTC’s) Mail, Internet, or Telephone Order Merchandise Rule (f/k/a the Mail or Telephone Order Merchandise Rule), imposes certain…
  • Sep 23

    California Publishes Draft Work Plan Targeting Seven Categories of Products for Green Chemistry Review

    California Publishes Draft Work Plan Targeting Seven Categories of Products for Green Chemistry Review
    As we predicted in our prior post, California’s Department of Toxic Substances Control (DTSC) has beat the October 1 deadline for release of its draft Priority Product Work Plan (Work Plan) under the Safer Consumer Products (SCP)…
  • Sep 22

    FTC Brings Green Coffee Antioxidant Weight-Loss Claims to a Grinding Halt

    FTC Brings Green Coffee Antioxidant Weight-Loss Claims to a Grinding Halt
    In June of 2014, Dr. Oz was questioned at a Congressional hearing about his endorsement of green coffee extract, among other products, as a miracle weight-loss supplement. While Dr. Oz stood by his personal recommendation regarding green…
Rank this Week: 336

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: 551

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: 749

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
Rank this Week: 1048

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Sep 29

    FTC Warns Sellers to Make Disclosures “Clear and Conspicuous”

    FTC Warns Sellers to Make Disclosures “Clear and Conspicuous”
     For the past two weeks MrConsumer has been ranting about retailers that don’t disclose key information in their ads in a “clear and conspicuous” manner. Last Tuesday, the FTC must have heard his yelling and screaming,…
  • Sep 22

    Don’t Give Companies a Free Pass for Tricky Ad

    Don’t Give Companies a Free Pass for Tricky Ad
     MrConsumer has been a consumer advocate for over 35 years, and he is always astounded by the number of sneaky (and potentially illegal) practices that not only companies will use, but that shoppers will put up with, or even defend. The…
  • Sep 15

    Oh, Did We Forget to Say You Need a $50 Minimum Purchase?

    Oh, Did We Forget to Say You Need a $50 Minimum Purchase?
      In the last few weeks, Staples.com appears to have begun misleading customers about the price of some of its back to school sale items. Here is one of their recent advertisements: When one clicks on that thumbdrive, for example, it…
Rank this Week: 1183

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 1184

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: 1406

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 16

    Your Image Here: The NCAA Settles with Athletes Over Rights of Publicity

    Your Image Here: The NCAA Settles with Athletes Over Rights of Publicity
    We’re all familiar with video games involving computer-generated depictions of real-life athletes; they are a multi-billion dollar industry.  Under pressure from consumers to make such games more and more realistic, software…
  • Jun 4

    Supreme Court: Federal Circuit got §271(b) wrong and maybe §271(a) as well.

    Supreme Court: Federal Circuit got §271(b) wrong and maybe §271(a) as well.
    At its heart the Internet is an information distribution network and the ease with which all manner of information can be shared instantly has led to numerous innovative methods of doing, well, most anything. A hallmark of patents on such…
  • May 15

    Naturally, litigation results from unsupported advertising claims and undefined terms.

    Naturally, litigation results from unsupported advertising claims and undefined terms.
    The WSJ Corporate Intelligence blog has an interesting article today that highlights the risks inherent in un-vetted advertising claims.  Apparently Proctor & Gamble took issue with “99% Natural” claim that toothpaste…
Rank this Week: 1454

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Oct 1

    FAA Approves Limited Drone Use in Film and TV Production

    FAA Approves Limited Drone Use in Film and TV Production
    On September 25, 2014, the Federal Aviation Administration announced its approval of limited commercial use of drones for film and TV production.  The entertainment industry sees this as a leap in the right direction for competing with…
  • Sep 30

    Fred Meyer Guide Revisions Are Friendly Reminder to Suppliers to Check Their Current Practice

    Fred Meyer Guide Revisions Are Friendly Reminder to Suppliers to Check Their Current Practice
    This post was written by Keri Bruce and Hilary St. Jean. Last week, the Federal Trade Commission (“FTC”) approved final changes to its Guides for Advertising Allowances and Other Merchandising Payments (the “Guides”),…
  • Sep 29

    REMINDER: Catch Up with SAG-AFTRA - Town Hall Meeting in Atlanta

    REMINDER: Catch Up with SAG-AFTRA - Town Hall Meeting in Atlanta
    This is a reminder to please join us next week on Tuesday, October 7, for the Joint Policy Committee’s Atlanta Town Hall Meeting, sponsored by 22squared.    A new arbitration decision was received last week and…
Rank this Week: 1516

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
  • Oct 1

    The Precarious Nature of ‘Like-Gating’ Promotion

    The Precarious Nature of ‘Like-Gating’ Promotion
    A recent Facebook change is just another reminder that brands need to be aware of the traditional legal rules governing promotional marketing, as well as the social media terms and policies. Read More › Tags: Facebook,…
  • Sep 29

    Forty-five Olshan Lawyers Selected by Super Lawyer

    Forty-five Olshan Lawyers Selected by Super Lawyer
    Olshan's 2014 Super Lawyers. Read More › Tags: Advertising, Marketing & Promotions News, Business, Marketing & Promotions News, Marketing & Promotions New
  • Sep 29

    Upcoming Webinar - Digital Social Media Promotions Law Update

    Upcoming Webinar - Digital Social Media Promotions Law Update
    Digital Social Media Promotions Law Update will offer an analysis of the current state of legal issues impacting social media campaigns. Read More › Tags: Digital, Game Promotions, Promotion, Social Media
Rank this Week: 1560

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/
  • Sep 25

    The folly of a press release

    The folly of a press release
    by Louise Dumbrell and Luke Hawthorne (Australia)On September, 12 2014, the Federal Court of Australia delivered a further decision in a long-running dispute between leading Australian swimwear business Seafolly and swimwear designer,…
  • Sep 25

    Hana Bank trademark tacking ruling

    Hana Bank trademark tacking ruling
    by Ashley Callahan (United States)On June 23, 2014, the U.S. Supreme Court granted a writ of certiorari in the case of Hana Financial, Inc. v. Hana Bank to decide whether the issue of trademark “tacking” should be determined by a…
  • Sep 24

    Third Circuit does away with presumption of irreparable harm

    Third Circuit does away with presumption of irreparable harm
    by Kathy Grant (United States)In a much anticipated ruling, the Third Circuit held courts no longer may presume irreparable harm when considering a preliminary injunction motion in a Lanham Act false advertising case even where a plaintiff…
Rank this Week: 1760

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Sep 23

    Operation Full Disclosure - The FTC Targets Advertising

    Operation Full Disclosure - The FTC Targets Advertising
    Earlier today, the Federal Trade Commission issued a press release indicating that after a review of many national television and print advertisements, warning letters have been sent to a number of companies – including some of the…
  • Aug 15

    WOODSTOCK, The Legend at 45!! Need We Say More?

    WOODSTOCK, The Legend at 45!! Need We Say More?
    45 years ago, on July 20, 1969 at precisely 10:56 p.m. EDT, American Astronaut Neil Armstrong became the first person to set foot on the moon. Armstrong then stated, "That's one small step for man, one giant leap for mankind." Less than a…
  • Jul 24

    What One Lawyer Has Learned About Social Media (But There Are Still 5 Days Left)

    What One Lawyer Has Learned About Social Media (But There Are Still 5 Days Left)
    Last week I received a novel invitation - call it a ‘dare’ from a long-time colleague and friend in a faraway land. He and I have never actually met, but we have interacted so often professionally and we keep trying to figure out…
Rank this Week: 1880

Ad Briefs: Covering Your Ads

Ad Briefs: Covering Your Ads

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

http://www.coveringyourads.com/
  • Aug 21

    Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Case

    Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Case
    On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been…
  • Aug 13

    False Advertising and Antitrust Law: Sometimes the Twain Should Meet

    False Advertising and Antitrust Law: Sometimes the Twain Should Meet
    Imagine that a drug manufacturer figured out how to compete with a blockbuster drug by making a cheaper and more effective alternative. The pharmaceutical company that makes the blockbuster drug starts flooding the market with false…
  • Nov 6

    Rash California Minors Get An Online "Eraser Button"

    Rash California Minors Get An Online "Eraser Button"
    By Elizabeth Barcohana We’ve all done it: typed or tapped out a message, posted it online, and immediately wished we hadn’t and that we could just erase it from the Internet forever. Now, if you are a California minor, you can. …
Rank this Week: 2156

Social Media Law Update

Social Media Law Update

Covers intellectual property, defamation, consumer protection and other legal issues regarding social media. By Sheppard Mullin Richter & Hampton LLP.

http://www.socialmedialawupdate.com
Rank this Week: 2501

ReACTS

ReACTS

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

http://www.advertisingcompliancelaw.com/
  • Sep 5

    ASA bans two more American Apparel ad

    ASA bans two more American Apparel ad
    The ASA has banned two ads displayed by US clothes retailer, American Apparel, which it says are "offensive and irresponsible" and in breach of CAP Code rules 1.3 (responsible advertising), 4.1 (harm and offence) and 5.1 (children). This…
  • Aug 14

    New focus for the ASA

    New focus for the ASA
    The ASA has a new strategy for regulating ads, meaning it won't always wait for complaints before acting against an offending brand. While the ASA has always had the power to take action itself without having to receive complaints, it's clear…
  • Aug 13

    ASA Stubs Out Another e-Cigarette Ad

    ASA Stubs Out Another e-Cigarette Ad
    The ASA upheld a decision today concerning a campaign for e-cigarettes brand "Leolites" featuring the slogan: "E-CIGARETTES HAVE EVOLVED. LEOLITES.COM. LOVE YOUR LUNGS." The ASA considered that this slogan would likely be viewed by…
Rank this Week: 3118

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3524

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/
  • Sep 24

    Lewis County Jail Sued For Outdated “Post Card Only” Policy

    Lewis County Jail Sued For Outdated “Post Card Only” Policy
    On April 11, 2014, Prisoner Legal News (PLN), a project of the Human Rights Defense Center (HRDC), filed a lawsuit against Lewis County of the State of Washington and several of its employees directly involved in the operation of Lewis County…
  • Sep 24

    Faulty Ignition Switch in GM Vehicles Causes 19 Death

    Faulty Ignition Switch in GM Vehicles Causes 19 Death
    General Motors agrees to set up a victim’s compensation fund to pay for 19 deaths caused by faulty ignition switches in their vehicles. The estimate of deaths due to ignition switch problems originally stood at 13, but has recently…
  • Sep 16

    Class Action Suit against Southwest for Wiretapping

    Class Action Suit against Southwest for Wiretapping
    Plaintiff Aaron Siani says Southwest Airlines secretly recorded a cellphone conversation without his consent, in violation of his right to privacy. On September 1, 2014, Siani received a call from a Southwest customer service agent regarding…
Rank this Week: 4360

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • Sep 15

    Dallas Buyers Club Files Suit against 10 Does in Washington State

    Dallas Buyers Club Files Suit against 10 Does in Washington State
    Multi-state litigant Dallas Buyers Club, LLC continues its BitTorrent copyright assault, this time filing against 10 Doe parties in the U.S. District Court for the Western District of Washington. Troll Defense was somewhat surprised to see…
  • Sep 8

    More Singleton Doe Cases in Oregon

    More Singleton Doe Cases in Oregon
    The owners to the rights to the acclaimed film Dallas Buyers Club are back in Oregon U.S. District Court with a batch of “singleton” lawsuits against Doe parties, alleging both federal Copyright Act and Oregon State…
  • Jul 28

    They’re Back: Voltage Singleton Doe Cases In Oregon

    They’re Back: Voltage Singleton Doe Cases In Oregon
    Some weeks after a batch of its Oregon state trademark lawsuits arising from Dallas Buyers Club were dismissed for improper joinder, Voltage has returned to the U.S. District Court in Oregon with at least two “singleton”…
Rank this Week: 4418

Fashion Counsel with Anthony V.…

Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog highlights critical issues for designers, retailers, and manufacturers.

http://www.fashioncounsel.com/
Rank this Week: 4537

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: 4532

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: 4610

Ad Nauseam

Ad Nauseam

Covers legal issues in advertising and media.

http://www.adnauseamblog.org/
  • May 15

    The Internet: An International Affair

    The Internet: An International Affair
      In today’s world, almost everything you do on the Internet is being tracked. Whether it is by your friends and family on social networking sites, or advertisers looking to serve more relevant advertisements based on your online…
  • Apr 9

    Do False Advertising Suits Have a Leg to Stand On Anymore?

    Do False Advertising Suits Have a Leg to Stand On Anymore?
        It’s not often the Supreme Court issues opinions that directly impact intellectual property issues, but just a week ago, the Court shed some light on who may sue for a false advertising claim under the Lanham Act. In…
  • Apr 7

    Electronic Cigarette Advertising: What Regulations Can Be Expected?

    Electronic Cigarette Advertising: What Regulations Can Be Expected?
    Electronic cigarettes have garnered much press over the past few weeks. In an article for the New York Times entitled “Selling a Poison by the Barrel: Liquid Nicotine for E-Cigarettes”, Matt Richtel points to statistics of…
Rank this Week: 4600