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Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Feb 5

    Nominative Fair Use, as Illustrated by Colorful Ball

    Nominative Fair Use, as Illustrated by Colorful Ball
    If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials. Initially, Verizon created this commercial,…
  • Feb 4

    How do you like your rum?

    How do you like your rum?
    I don’t know what the record is for the longest time it has taken for a trademark application to clear the Trademark Office, but I’m pretty sure that Havana Club would medal. The application for the Havana Club mark for rum was…
  • Feb 2

    Negative Look-For Advertising Statement

    Negative Look-For Advertising Statement
    Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as opposed to a Big Green…
Rank this Week: 49

Likelihood of Confusion

Likelihood of Confusion

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

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

    Holy copyright baloney, Batman!

    Holy copyright baloney, Batman!
    It’s not as if I’ve got a problem with DC Comics or something, but, well, here you go.  They’re just being like that!  And I’m just catching up with the fin-fendered fun.  First, per the…
  • Jan 25

    Paradise by the celestial light

    Paradise by the celestial light
    Originally posted 2011-10-31 23:13:28. Republished by Blog Post PromoterInfamy or Praise hosts the third Dantean Blawg Review!
  • Jan 25

    The Oatmeal thing, and stupid law

    The Oatmeal thing, and stupid law
    Originally posted 2012-07-02 17:00:08. Republished by Blog Post PromoterSometimes an objectively big story implicating this blog’s “beat” completely escapes me.  That’s what happened with the story involving The…
Rank this Week: 83

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Feb 3

    Empire down: Fox's series protected no matter how confused consumers are

    Empire down: Fox's series protected no matter how confused consumers are
    Twentieth Century Fox Television, et al. v. Empire Distribution Inc., No. 15-2158 (C.D. Cal. Feb. 1, 2016)  Sometimes it’s nice to see the law work itself pure, as a court clears out some plaintiff-postulated ambiguities in Rogers…
  • Feb 3

    Absurd "world record" claim isn't use of actual record-holder's identity

    Absurd "world record" claim isn't use of actual record-holder's identity
    Martin v. Living Essentials, LLC, 2016 WL 374142, No. 15 C 01647 (N.D. Ill. Feb. 1, 2016) Ted Martin, who holds the world record for most consecutive kicks in hacky sack (no knees, no partner) sued for invasion of privacy and false…
  • Feb 1

    Consumer protection fellowship for law student

    Consumer protection fellowship for law student
    The deadline for the ABA Section of Antitrust Law’s Janet Steiger Fellowship Program has been extended to Friday, February 5th. Steiger Fellows receive a $6,000 stipend for summer internships in the offices of 36 State Attorneys…
Rank this Week: 159

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
Rank this Week: 4016

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: 1658

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/
Rank this Week: 1282

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
  • Feb 3

    Massachusetts District Court Dismisses Class Action Alleging Deceptive Pricing by Kohl’

    Massachusetts District Court Dismisses Class Action Alleging Deceptive Pricing by Kohl’
    Retailers across the country have been facing  private class action lawsuits alleging that certain discount pricing practices constitute false advertising based on the allegation that the discount is fictitious.  Discount retailer,…
  • Feb 3

    Retailer Agrees To Eight-Figure Settlement Over Text Messaging Campaign

    Retailer Agrees To Eight-Figure Settlement Over Text Messaging Campaign
    Abercrombie & Fitch sent text message to cell phone’s prior owner Read More › Tags: Class Action Lawsuit, FCC, TCPA, Text Message Ads, Text Messages, Text Messenger
  • Feb 1

    New EU-US Data Safe Harbor Agreement

    New EU-US Data Safe Harbor Agreement
    Calmer seas are on the horizon for businesses transferring personal data from the EU to the U.S. as negotiators are reported to have agreed today to a new framework for data transfers. Read More › Tags: Data Transfers,…
Rank this Week: 1336

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Feb 2

    The New “EU-US Privacy Shield”

    The New “EU-US Privacy Shield”
    Since the European Court of Justice invalidated the fifteen-year-old EU-US “Safe Harbor Privacy Framework” last October, thousands of US companies have been awaiting the results of negotiations between the US government and the…
  • Jan 28

    Businesses Take Heed: FTC’s Recent Report, Conference Signal Big Data’s the Big Deal in 2016

    Businesses Take Heed: FTC’s Recent Report, Conference Signal Big Data’s the Big Deal in 2016
    FTC Kicks Off New Year with New Report on Growing Use of Big Data Analytics Across All Industries Without so much as a week of 2016 having lapsed, the Federal Trade Commission (“FTC” or “Commission”) released a new…
  • Jan 6

    FTC Releases Policy Statement and Business Guides on Native Advertising

    FTC Releases Policy Statement and Business Guides on Native Advertising
    Just before 2015 came to an end, the Federal Trade Commission (“FTC”) released its much anticipated Enforcement Policy Statement on Deceptively Formatted Advertisements (“Policy Statement”) along with informal,…
Rank this Week: 3542

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: 1798

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: 623

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
  • Jan 28

    When are shapes sufficiently distinctive to function as trade marks?

    When are shapes sufficiently distinctive to function as trade marks?
    Two High Court decisions in the UK last week highlight that it is not always easy to register and enforce shape trade marks even when the shapes themselves are iconic and recognisable by the public. The consumer’s perception of the…
  • Jan 11

    Social media campaigns and lobbying

    Social media campaigns and lobbying
    GAO finds EPA violated law On December 14, 2015, the General Accounting Office found that a portion of the Environmental Protection Agency’s social media campaign violated federal laws relating to propaganda and anti-lobbying. Because…
  • Dec 21

    10 things to know about CTM reform

    10 things to know about CTM reform
    Background – EU reviews trade mark system In 2008 the European Commission decided a review of the functioning of the trade mark system in Europe was required in order to further harmonise the national laws of Member States, streamline…
Rank this Week: 505

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
  • Jan 26

    Reminder: Ad Campaign featuring Current Olympians Must be Filed with the USOC by January 27, 2016

    Reminder: Ad Campaign featuring Current Olympians Must be Filed with the USOC by January 27, 2016
    If you are planning to use a Rio 2016 Olympic Games athlete in a U.S.-based advertising campaign that will run between 24 July and 24 August 2016, then you must submit your campaign to the United States Olympic Committee (USOC) for a Rule 40…
  • Jan 14

    Bulletin: Information Request from SAG-AFTRA

    Bulletin: Information Request from SAG-AFTRA
    We understand that some signatories to the Commercials Contracts received an information request from the Union.   The JPC has discussed the request with the Union.  It is our understanding that these requests are being sent to…
  • Jan 8

    Brain Freeze: Lumosity Settles Charges With FTC Over Ads About Cognitive Health

    Brain Freeze: Lumosity Settles Charges With FTC Over Ads About Cognitive Health
    Lumosity’s online “brain training” program was playing Jedi mind tricks (yes, a Star Wars pun) on consumers according to a complaint filed by the Federal Trade Commission (FTC) against Lumos Labs, Inc. (Lumosity) and its…
Rank this Week: 3744

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Jan 26

    Reminder: Ad Campaign featuring Current Olympians Must be Filed with the USOC by January 27, 2016

    Reminder: Ad Campaign featuring Current Olympians Must be Filed with the USOC by January 27, 2016
    If you are planning to use a Rio 2016 Olympic Games athlete in a U.S.-based advertising campaign that will run between 24 July and 24 August 2016, then you must submit your campaign to the United States Olympic Committee (USOC) for a Rule 40…
  • Jan 14

    Bulletin: Information Request from SAG-AFTRA

    Bulletin: Information Request from SAG-AFTRA
    We understand that some signatories to the Commercials Contracts received an information request from the Union.   The JPC has discussed the request with the Union.  It is our understanding that these requests are being sent to…
  • Jan 8

    Brain Freeze: Lumosity Settles Charges With FTC Over Ads About Cognitive Health

    Brain Freeze: Lumosity Settles Charges With FTC Over Ads About Cognitive Health
    Lumosity’s online “brain training” program was playing Jedi mind tricks (yes, a Star Wars pun) on consumers according to a complaint filed by the Federal Trade Commission (FTC) against Lumos Labs, Inc. (Lumosity) and its…
Rank this Week: 3747

Throughout the Universe

Throughout the Universe

Offers perspectives on law for the creative business. By Dane Johnson.

http://www.issbusinesslaw.com
  • Jan 25

    Why copyright registration is such a big deal

    Why copyright registration is such a big deal
    A copyright is the exclusive right to use a creative work. For creators, it’s perhaps their most important right. If you have any doubts, just look at it’s origin. The Copyright Clause at Article I, Section 8 of the Constitution,…
  • Jan 21

    What kind of business should you not just sit down and organize as a limited liability company?

    What kind of business should you not just sit down and organize as a limited liability company?
    Under Oregon law, a limited liability company (“LLC”) may “conduct . . . any lawful business or purpose which a partnership, corporation or professional corporation . . . may conduct . . . .” ORS 63.074(1). Oregon used…
  • Jan 4

    Some legal tips for helping your creative business stay on course in 2016

    Some legal tips for helping your creative business stay on course in 2016
    Take your creative business farther in this new year by starting off on a good course. If your business is a corporation or limited liability company, this is a great time to to review your records and make any necessary corrections. And if…
Rank this Week: 1139

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Jan 19

    The Paradox of Illumination

    The Paradox of Illumination
    I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally.  Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and stimulating…
  • Jan 14

    Curiosity

    Curiosity
    Curiosity requires a sense of inquisitiveness. Not all inquiries reflect curiosity, curiosity is inquisitive by nature. Curiosity is the desire to learn by asking questions, dissecting, examining, exploring and investigating. Curiosity is at…
  • Jan 12

    Thought Leadership

    Thought Leadership
    Thought leadership is a state of being in which one or more individuals articulate innovative ideas – ideas that stimulate thought and are futuristic or leading-edge. Thought leadership requires confidence and a willingness to share…
Rank this Week: 3538

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 2746

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • Dec 8

    Before I Go watch this film, tell me: is it worth the time?

    Before I Go watch this film, tell me: is it worth the time?
    Before I Go Productions, Inc., the owner of rights to the 2014 Nicole Kidman thriller Before I Go to Sleep, has filed a copyright infringement lawsuit in federal court in Oregon.  This appears to be the first such lawsuit…
  • Dec 3

    Dish Network Sues Does in Texas For Streaming Arabic Language TV

    Dish Network Sues Does in Texas For Streaming Arabic Language TV
    Dish Network, LLC has filed a copyright lawsuit in Texas against 5 Doe parties accused of unlawfully “re-transmitting” certain Arabic-language television programming. Dish Network is a Colorado-based company that provides TV…
  • Nov 30

    Voltage Pictures Affiliate Clear Skies Nevada Drops Bombs in Oregon over “Good Kill”

    Voltage Pictures Affiliate Clear Skies Nevada Drops Bombs in Oregon over “Good Kill”
    This month saw the first Pacific Northwest BitTorrent copyright lawsuits filed in Oregon by Clear Skies Nevada, LLC, which owns the rights to the 2014 film Good Kill. This film concerns a military drone pilot (played by…
Rank this Week: 2496

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/
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 2766

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
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 1737

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Aug 17

    Say Bye-Bye to $199 iPhones at Verizon

    Say Bye-Bye to $199 iPhones at Verizon
      As of August 13, Verizon Wireless is no longer going to subsidize the purchase of new cellphones. That means you can kiss that $199 price for iPhone 6 or Samsung Galaxy S6 goodbye. When you get a new phone, you’ll be asked to pay…
  • Aug 10

    Walmart’s Got the Lowest Priced Unlimited Cell Plan?

    Walmart’s Got the Lowest Priced Unlimited Cell Plan?
      Joe S. wrote to Mouse Print* last week about a Walmart television commercial for cell service that he thought was misleading. Here’s the commercial (and listen very carefully to their lowest price claim): It says “and at…
  • Aug 3

    Muscling In on Your Pocketbook

    Muscling In on Your Pocketbook
      PRNewswire, a respected firm that companies hire to disseminate their press releases, published an unusual one last year with the headline: “ScamOrNotReviews Announces Muscle Xlerator Review for 2014.” The release…
Rank this Week: 2107

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/
  • Jul 14

    Justice Department asked to investigate Amazon’s "monopolization" of book market

    Justice Department asked to investigate Amazon’s "monopolization" of book market
    This posting was written by Jeffrey May, J.D.A group of authors, and the American Booksellers Association—a trade association representing independently-owned bookstores—are asking the Department of Justice to scrutinize the…
  • Jul 7

    New Texas law says franchisors are not employers of franchisees or their employee

    New Texas law says franchisors are not employers of franchisees or their employee
    This story was written by Edward L. Puzzo, J.D.Texas has enacted legislation, effective September 1, 2015, specifying that franchisors will not be considered to be the employers of--or in a co-employment relationship with--either franchisees…
  • May 2

    Mergers Reported under HSR Act Down Slightly in FY 2012

    Mergers Reported under HSR Act Down Slightly in FY 2012
    This posting was written by Tobias J. Gillett, Contributor to Wolters Kluwer Antitrust Law Daily. The number of mergers reported under the Hart-Scott-Rodino (HSR) Premerger Notification Program between October 1, 2011 and September 30, 2012…
Rank this Week: 4021

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: 2734

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.

https://consumeradvocatelegalupdate.wordpress.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: 1729

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3302