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43(B)log

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

http://tushnet.blogspot.com/

May 17
Monster un-mash: no class action for YouTube plaintiff

Monster un-mash: no class action for YouTube plaintiff

Football Ass'n Premier League Ltd. v. YouTube, Inc., --- F.Supp.2d ----, 2013 WL 2096411 (S.D.N.Y.) Interesting not just because of the intersection of class actions and copyright, but because neither side apparently had the incentive…
May 16
Large Wells Fargo judgment reinstated

Large Wells Fargo judgment reinstated

Via the Consumer Law & Policy Blog. Previous coverage of the legal response to Wells Fargo's reprehensible practices here (9th Circuit) and here (earlier district court opinion). More from me likely next week,…
May 16
$40 million award against Skecher

$40 million award against Skecher

Skechers will pay $40 million for its unsubstantiated claims that its funny-shaped shoes improved fitness and health. Via the Trademark Blog.

Rank this Week: 18

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com

May 17
Copyright: Creative is as creative doe

Copyright: Creative is as creative doe

Most of my writing here about copyright law concerns the misuse and abuse of its heavily pro-plaintiff provisions such that there is little or no incentive against the filing of meritless claims of infringement. In particular I have…
May 13
Free speech for hoser

Free speech for hoser

Originally posted 2007-04-04 23:38:57. Republished by Blog Post PromoterThe headline: “Canada to trademark [sic] ‘winter’ for 2010 Olympics.” The funny thing is I thought they already had a pretty good monopoly on…
May 13
The not so bright line

The not so bright line

The preamble of the Lanham Act Section 2 is followed by six lower-case–lettered sections, the fifth of which contains four separately numbered “grounds” on which it is permissible to refuse registration. No form of the…

Rank this Week: 126

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/

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…
May 13
Oops! Pricing Mistakes By Online Retailer

Oops! Pricing Mistakes By Online Retailer

An online retailer of video game hardware peripherals, software, and systems, Razer, recently suffered an apparently costly glitch on its UK website. A coupon code offering 90% off many products, intended for use only in a behind-the-scenes…

Rank this Week: 384

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/

May 17
Oreo: interactive food, interactive brand

Oreo: interactive food, interactive brand

Oreo consistently receives media attention and accolades for their use of non-traditional media. They have created numerous memorable advertising moments through their twitter account. The stand out is of course their Super Bowl power outage…
May 16
Uncomfortable Medical Advertisement

Uncomfortable Medical Advertisement

The colonoscopy has been the butt of jokes among medical procedures for a long time, but it is actually no laughing matter, as the Minnesota Department of Health’s Sage Scopes graphic billboard campaign reveals: Perhaps the…
May 15
Memes Attack

Memes Attack

A recent lawsuit combines a number of things that are surely ruining today’s youth: internet memes, the Nintendo DS, and side-scrolling video games (actually, that last one ruined my generation. Thanks Super Mario Bros., Contra…

Rank this Week: 178

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: 807

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/

May 16
No Free TV Down Under Apparently: Australian ACCC Settles with Cable Co. & A Few Tips for Canada

No Free TV Down Under Apparently: Australian ACCC Settles with Cable Co. & A Few Tips for Canada

There used to be a saying that if it looks too good to be true, it probably is. In Australia, it seems, there are no free TVs, or at least not that many. In a curious case posted by the Australian ACCC earlier today (or was that…
May 6
“Babies Can Read” is Back – A Curious Advertising Tale on a Monday Afternoon

“Babies Can Read” is Back – A Curious Advertising Tale on a Monday Afternoon

Advertising can be funny sometimes, or odd, or a bit like faith or all of these. Let me explain what I’m talking about. A few months ago, in perhaps one of the strangest advertising law tales I’ve seen in awhile…
Apr 30
Ontario Government Introduces New Wireless Consumer Protection Legislation

Ontario Government Introduces New Wireless Consumer Protection Legislation

As previously announced, the Ontario Government has now introduced for first reading new proposed legislation for wireless contracts and services in Ontario (Bill 60 – An Act to strengthen consumer protection with respect to consumer…

Rank this Week: 1113

Mouse Print

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

http://www.mouseprint.org

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…
Apr 29
Sharp Deal: A Free Knife?

Sharp Deal: A Free Knife?

One of the most powerful but misused words in marketing is “free.” And here is a perfect example. Saveology.com sent out an email promoting another company’s offer to give recipients a free gourmet chef’s knife, and as…

Rank this Week: 1407

Information Law Group

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

http://www.infolawgroup.com/

May 10
Lessons From When Cyber Security Meets Physical Security

Lessons From When Cyber Security Meets Physical Security

Data security and what qualifies as “reasonable” security is on everyone’s mind these days – at least if you’re involved in IT, or responsible for addressing any aspect of the “GRC” troika of…
May 6
California’s Right to Know Law Put on Hold

California’s Right to Know Law Put on Hold

As reported by the LA Times, “a powerful coalition of technology companies and business lobbies, the California Chamber of Commerce, insurers, bankers and cable television companies as well as direct marketers and data brokers”…
May 3
Arkansas Becomes Seventh State to Enact Employer Social Media Law; Questions Arise Regarding Supervisor-Employee Connection

Arkansas Becomes Seventh State to Enact Employer Social Media Law; Questions Arise Regarding Supervisor-Employee Connection

Last week, Arkansas enacted H.B. 1901, joining California, Illinois, Maryland, Michigan, New Mexico, and Utah in restricting employer access to social media or personal accounts. A total of seven states now have such laws. The Arkansas law…

Rank this Week: 1222

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: 1971

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: 1774

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 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…
May 9
"As clear and as manifest as the nose in a man’s face"

"As clear and as manifest as the nose in a man’s face"

By Sue Ross So said Robert Burton almost 400 years ago, and the Federal Trade Commission (FTC) staff recently made similar comments with respect to online advertising disclosures. On March 12, 2013, the FTC staff issued “.com…
Apr 30
Nutrition content claims and health claim

Nutrition content claims and health claim

By Kate Sherburn of Norton Rose Australia The Australia New Zealand Food Standards Code sets out standards for food (“Standards”) that are legislative instruments under the Legislative Instruments Act 2003. A new Standard to…

Rank this Week: 1668

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: 1457

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: 2042

Trade Regulation Talk

Covers antitrust, consumer protection, franchising, advertising, privacy, and civil RICO law. By John W. Arden.

http://traderegulation.blogspot.com/

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…
May 1
Supreme Court Will Not Review Application of “Single Publication Rule” Barring Chuck Yeager’s Publicity Rights, Lanham Act Claim

Supreme Court Will Not Review Application of “Single Publication Rule” Barring Chuck Yeager’s Publicity Rights, Lanham Act Claim

This posting was written by John W. Arden.The U.S. Supreme Court has refused to review the Ninth Circuit’s application of the “single publication rule” to an allegedly unauthorized endorsement posted on a website in 2003,…
Apr 29
Food Distributor Not Enjoined From Selling Refined Olive Oil as “100% Pure”

Food Distributor Not Enjoined From Selling Refined Olive Oil as “100% Pure”

This posting was written by Jody Coultas, Editor of CCH Unfair Trade Practices Law.The federal district court in New York City declined to enjoin food distributor Kangadis Food Inc. from selling refined olive oil labeled as "100% Pure Olive…

Rank this Week: 1482

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: 688

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: 2237

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

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.
Dec 20
Pinterest "Pins" New Guidelines For Sweepstakes And Contest

Pinterest "Pins" New Guidelines For Sweepstakes And Contest

Pinterest has released new Promotions and Marketing Guidelines for retailers, consumer brands and other companies running promotions on its platforms. Among other things, the new guidelines say don’t run a sweepstakes where each pin,…

Rank this Week: 2656

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/

Feb 26
Apple, Inc. lost iPhone trademark in Brazil: can you save your company’s brands and trademarks from the same fate? - Lexology

Apple, Inc. lost iPhone trademark in Brazil: can you save your company’s brands and trademarks from the same fate? - Lexology

Author: Jason NardielloIn advising their clients, attorneys who represent or advise corporations that have or wish to secure global IP rights would be well-served to become acquainted with the various options for protecting trademarks on a…
Jan 8
Apple v. Samsung: Injunction for Trade Dress Dilution Denied Based On Application of eBay Rule

Apple v. Samsung: Injunction for Trade Dress Dilution Denied Based On Application of eBay Rule

Author: Scott D. Greenberg, Esq.IntroductionIn August 2012, the jury in Apple Inc. v. Samsung Electronics Co., Ltd., U.S. District Court, Northern District of California, 5:11-CV-01846, returned a verdict awarding Apple $1.05…
Dec 13
President Obama is Expected to Issue Executive Order on Cyber Security and Privacy

President Obama is Expected to Issue Executive Order on Cyber Security and Privacy

The Draft Executive Order requires certain federal agencies to identify critical infrastructure where a cyber security incident could have national or regional effects on public health or safety, or economic or national security.The article…

Rank this Week: 1995

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: 1765

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: 1794

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: 709

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: 4017

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