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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/
  • Jun 18

    No preliminary injunction in consumer class action

    No preliminary injunction in consumer class action
    Silber v. Barbara's Bakery, Inc., --- F.Supp.2d ----, 2013 WL 2948154 (E.D.N.Y.) Plaintiffs in this putative consumer class action unsuccessfully sought a preliminary injunction against the allegedly false advertising of certain Puffins…
  • Jun 17

    back pocket logo as "title" for advertising injury insurance purpose

    back pocket logo as "title" for advertising injury insurance purpose
    H/T Marty Schwimmer: CGS Indus., Inc. v. Charter Oak Fire Ins. Co., No. 11-2647-cv  (2d Cir. June 11, 2013) Charter appealed from a judgment that it breached its duties to defend and indemnify to its insured, CGS, under its…
  • Jun 15

    NYT on FTC case against internet marketer

    NYT on FTC case against internet marketer
    Nice long story, including quotes from my colleague David Vladeck, now returned to Georgetown.
Rank this Week: 43

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: 5235

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Jun 11

    Privacy Concerns to be Addressed at FTC Workshop in November

    Privacy Concerns to be Addressed at FTC Workshop in November
    In response to the mounting data privacy concerns attributed to the proliferation of smart devices, the FTC will be holding a public workshop on November 21, 2013, addressing questions over the “Internet of Things.” Two public…
  • Jun 5

    Joint Policy Committee Seminar Hosted by Talent Partner

    Joint Policy Committee Seminar Hosted by Talent Partner
    Please join the JPC in Chicago to review and explain the many changes to the SAG-AFTRA Commercial Agreements. Stacy Marcus, Legal Counsel to the Joint Policy Committee, will be leading the discussion. Date: Monday, June 17th 9:30am - 10:00am:…
  • Jun 5

    White House Announces Patent Enforcement Recommendation

    White House Announces Patent Enforcement Recommendation
    This post was written by Marc S. Kaufman. The White House announced several legislative recommendations and Executive Actions relating to patent enforcement. The primary objectives are to make it more difficult to enforce patents and less…
Rank this Week: 687

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3698

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/
  • Jun 3

    What is a Reasonable Expectation of Privacy Anymore?

    What is a Reasonable Expectation of Privacy Anymore?
    Any law student or attorney cannot help but remember the seminal U.S. Constitutional law case of U.S. v. Katz. In Katz, the Supreme Court of the United States famously held the FBI could not bug a telephone booth (remember those?) in order to…
  • 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…
Rank this Week: 1372

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 3603

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Jun 18

    Connecticut Is First State To Pass GMO-Labeling Law; Maine Close Behind

    Connecticut Is First State To Pass GMO-Labeling Law; Maine Close Behind
    On June 3, 2013, over opposition from the food, agribusiness, and biotech industry, Connecticut became the first state to pass legislation that will require labels for food containing genetically modified (GMO) ingredients. The legislation…
  • Jun 11

    TCPA Class Actions Continue to Clog Courts’ Inboxe

    TCPA Class Actions Continue to Clog Courts’ Inboxe
    We have previously discussed class action lawsuits raising claims under the federal Telephone Consumer Protection Act (TCPA), involving allegations of improper use of cell phone numbers to send unsolicited text messages, faxes, or calls to…
  • Jun 10

    Three Standards for Standing Under the Lanham Act, But Only One Will Survive Supreme Court Review

    Three Standards for Standing Under the Lanham Act, But Only One Will Survive Supreme Court Review
    The Supreme Court has announced that it will hear arguments as to whether Static Control Components has standing under the Lanham Act to bring false advertising claims against Lexmark International. The Court’s announcement comes over…
Rank this Week: 669

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: 2577

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/
  • Jun 16

    Canadians Indict Chocolate Companies for Price-Fixing After Lenghty Investigation

    Canadians Indict Chocolate Companies for Price-Fixing After Lenghty Investigation
    Criminal price-fixing charges were recently filed against Canadian affiliates of Nestle and Mars, a network of wholesale distributors, and three individuals, alleging that they conspired to fix chocolate prices in Canada.  In addition,…
  • Jun 12

    Pension Fund Files Derivative Suit Related News America Marketing’s Anticompetitive Act

    Pension Fund Files Derivative Suit Related News America Marketing’s Anticompetitive Act
    On June 7, a pension fund filed a derivative suit against News Corp and its top executives for breach of fiduciary duty, and against the executives for waste of corporate assets and unjust enrichment.  These claims are based on News…
  • 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…
Rank this Week: 205

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Jun 18

    As Seen On TV

    As Seen On TV
    - Mark Prus, Principal, NameFlash One of my local stores has a huge selection of “As Seen on TV” products.  In reviewing their offerings, it occurred to me that the brand names are almost all descriptive & highly…
  • Jun 17

    This Mac Needs a Knife Too

    This Mac Needs a Knife Too
    Louis Armstrong first performed “Mack the Knife” in 1956, a year later McDonald’s introduced the Big Mac, and then, Bobby Darin’s version of ”Mack the Knife” became a chart-topper in 1959.…
  • Jun 14

    It’s Not Easy Being Green…Or Is It.

    It’s Not Easy Being Green…Or Is It.
    Anyone that watches TV or reads magazine or listens to the radio or otherwise participates in the day-to-day interactions with society know that “green” marketing is a hot item right now.  Normally, I suffer silently through…
Rank this Week: 200

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Jun 17

    NIST to Launch Big Data Working Group

    NIST to Launch Big Data Working Group
    The National Institute of Standards and Technology (“NIST”), which we’ve written about at length in the past in connection with its ongoing data security and cloud computing related work, announced the formation of a Big…
  • May 28

    InfoLawGroup Thanks Clients, Attorneys and Staff for Chambers Recognition

    InfoLawGroup Thanks Clients, Attorneys and Staff for Chambers Recognition
    InfoLawGroup is honored to be named by Chambers and Partners as one of the nation’s leading Privacy & Data Security law firms. This recognition comes ahead of the firm celebrating its fourth birthday this fall.  In 2009,…
  • May 23

    Court Refuses to Enter Injunction Requiring Tortious Content to be Taken Off Website

    Court Refuses to Enter Injunction Requiring Tortious Content to be Taken Off Website
    Plaintiff obtained a jury verdict and almost $200,000 in damages over an article in a trade association publication that cast him in a false light. When the publication kept the offending article on its website, plaintiff sought relief for…
Rank this Week: 927

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: 4605

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Jun 18

    Generic genericne

    Generic genericne
    What is “generic genericness”?  I just coined the phrase.  It refers, I maintain, to a genericness defense against infringement made by the junior user of a trademark where the English word on which the defense is…
  • Jun 13

    Ghost Rider vs. Free Riders?

    Ghost Rider vs. Free Riders?
    News from the Second Circuit Court of Appeals: The man who might have created the Marvel Comics superhero/anti-hero Ghost Rider… well, might in fact have created Ghost Rider, and might not have transferred all of his rights in the…
  • Jun 11

    Starbucks — not a “preya” in Korea

    Starbucks — not a “preya” in Korea
    Originally posted 2006-10-12 20:04:15. Republished by Blog Post Promoter The Korea Times reports that perpetual trademark litigation plaintiff Starbucks has lost two in a row to South Korea’s Elpreya company, which features a line of…
Rank this Week: 80

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Jun 17

    Don’t Get Burned by the Lowe’s Price Match Policy

    Don’t Get Burned by the Lowe’s Price Match Policy
    Price matching policies of major retailers have come under increasing scrutiny and criticism recently. Both Bloomberg and Time have reported that big chains like Walmart and Toys “R” Us are getting complaints from customers and…
  • Jun 10

    The Straight Poop about Miralax’s Ad

    The Straight Poop about Miralax’s Ad
    If you are all clogged up (or about to have a colonoscopy), you need a laxative. One such product is Miralax, which has been advertising regularly on TV recently. In their television ad, they repeatedly advertise with the catch-phrase,…
  • Jun 3

    Fair Trade? — Free Box of Wheat Thins for Access to Your Twitter Account

    Fair Trade? — Free Box of Wheat Thins for Access to Your Twitter Account
    MrConsumer prides himself on being privacy insensitive (if a store wants to track my shopping habits, for example, fine). However, more and more marketers want access to either your Facebook or Twitter account to see what’s posted and…
Rank this Week: 879

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: 2580

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 14

    No “Happy Birthday” for Trolls? Filmmaker seeks public domain judgement on song’s copyright

    No “Happy Birthday” for Trolls? Filmmaker seeks public domain judgement on song’s copyright
    “Happy Birthday to You” is protected by copyright? The song is based on the tune from “Good Morning to All,” written in the late 1800′s. Over the years families adapted the tune…
  • 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…
Rank this Week: 160

ReACTS

ReACTS

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

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

    Google Adwords: Use Of Competitors' Keywords Is Okay... Sometime

    Google Adwords: Use Of Competitors' Keywords Is Okay... Sometime
    At the end of last month, the long-awaited judgment in the Interflora v Marks and Spencer case on trade mark infringement as it relates to keyword advertising was delivered by Mr Justice Arnold. The case dates back to 2008, when…
  • 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,…
Rank this Week: 4434

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: 3193

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 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…
Rank this Week: 2246

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
  • Jun 10

    Magic Hat Does It Again: The West Sixth Settlement Goes Public

    Magic Hat Does It Again: The West Sixth Settlement Goes Public
      In Seattle, I first learned of the far reach of Magic Hat Brewing Company. Though they do distribute their own beer in Seattle, they certainly care about the market. And promises that they would someday return to it and sell beer led…
  • 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…
Rank this Week: 2870

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: 1135

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: 2374