Advertising Law Blogs (11)Expanded ViewList View
43(B)log
43(B)log
Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.
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Nov 22
NYT trend story on false advertising claims
"Companies that were once content to fight in grocery-store aisles and on television commercials are now choosing a different route - filing lawsuits and other formal grievances challenging their competitors' claims." Related video. Posted on November 22, 2009 at 02:26 am by Rebecca Tushnet -
Nov 21
Pleading false advertising after Iqbal
Tseng v. Marukai Corp. U.S.A., 2009 WL 3841933 (C.D. Cal.) Tseng alleged patent infringement and false advertising, but didn't include the level of detail required after Iqbal and Twombly. Reciting the elements of a cause of action isn't enough, so allegations that defendants sold goods that infringed plaintiff's patent were insufficient. Likewise, the allegation that "defendants falsely advertised their infringing goods as genuine and authorized products by imprinting the Patent In Suit's... Posted on November 21, 2009 at 09:57 pm by Rebecca Tushnet -
Nov 21
Hope my girlfriend don't mind it
Consider the following songs: Stacy's Dad, after Stacy's Mom. I Kissed a Girl, sung by Ivri Lider. (Bonus Smallville video with Clark Kent as the POV character, on the same theme.) "I Kissed a Boy," sung by a female singer with the gendered nouns and pronouns reversed. (What does it say about our culture that this is the one I couldn't find?) I Kissed a Boy, same lyrics, sung by a male singer. (Bonus Cobra Starship I Kissed a Boy with substantially changed lyrics.) Which, if any, are... Posted on November 21, 2009 at 02:21 am by Rebecca Tushnet
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.
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Oct 13
Arctic Glacier Pleads Guilty to Criminal Antitrust Conspiracy
Arctic Glacier and three of its executives have pleaded guilty to a criminal antitrust conspiracy in the market for packaged ice. The Department of Justice issued a press release on Tuesday announcing the plea agreement: Minneapolis Packaged-Ice Company Agrees to Plead Guilty to Customer Allocation Conspiracy Company Agrees to Pay $9 Million Criminal Fine WASHINGTON - A packaged-ice company, headquartered in St. Paul, Minn., has agreed to plead guilty and to pay a $9 million criminal fine for... Posted on October 13, 2009 at 06:23 pm by Daniel Low -
Oct 4
Court Denies News America’s Summary Judgment Motion in Insignia System’s Lawsuit
On September 30, the U.S. District Court for the District of Minnesota largely denied News America's motion for summary judgment and granted Insignia Systems' motion for summary judgment on News America's counterclaims. Insignia had alleged that News America engaged in anticompetitive business practices in the market for in-store shelf advertising, while News America filed a number of counterclaims. News America had asked the Court to dismiss Insignia's claims on the grounds that the undisputed... Posted on October 4, 2009 at 04:30 pm by Daniel Low -
Sep 20
DOJ Weighs in on Proposed Google Books Settlement
The Department of Justice Antitrust Division filed a statement of interest Friday, available here, opposing the Google Books settlement. DOJ's filing addresses concerns that the settlement: (1) fails to satisfy Federal Rule of Civil Procedure 23 (which governs class action lawsuits); (2) violates copyright law; and (3) violates antitrust law. DOJ's statement is a bit unusual in that it raises both antitrust and non-antitrust concerns; typically the DOJ's Antitrust Division confines public... Posted on September 20, 2009 at 02:32 am by Daniel Low
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.
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Nov 18
Philip Morris v. Various Groceries Selling Cigarettes
This is a complaint Philip Morris brought against six grocery stores and ten John Does, for selling counterfeit cigarettes. What's interesting is how the Court will handle the joinder of these defendants - I did not see allegations in the complaint of any sort of connection between them (apart from the allegation that they all sell counterfeit cigarettes). Complaint Philip Morris Counterfeit Posted on November 18, 2009 at 05:18 pm by Marty Schwimmer -
Nov 17
Who Is The LAWYER OF LOVE?
Playboy sues divorce lawyer/former columnist/former Playboy model, for filing application for LAWYER OF LOVE (name of her Playboy column). I would assume LAWYER OF LOVE was a generic term for trademark lawyer. Defendant owns a registration for the mark LIFE'S SHORT, GET A DIVORCE. Background here. Complaint Lawyer of Love Playboy Posted on November 17, 2009 at 11:55 am by Marty Schwimmer -
Nov 16
US Polo Association v Ralph Lauren re POLO and Horses
The US Polo Association and Ralph Lauren have been fighting since 1984 over logos using the word POLO and depicting horses. The background of the this dispute is set out below in the Polo Association's complaint in a new declaratory judgement action. Noting the success of the Polo Association's licensing program, I will be reaching out to the governing body of water polo, in the hopes of securing a license. I would like to update the logo, perhaps to include ponies (yes, that's a Billy Wilder... Posted on November 16, 2009 at 07:51 am by Marty Schwimmer
Mouse Print
Mouse Print
Exposing the strings and catches in advertising fine print and analyses the legal meaning and enforceability.
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Nov 16
How Cheesy Can You Get?
MrConsumer found a lactose-free parmesan cheese substitute at his local supermarket, and decided to try it. Beside bearing more resemblance to sawdust in flavor than grated cheese, the package contained another surprise. Had MrConsumer been Superman, he could have used his x-ray vision at the store and discovered that the container was only about 60% filled. *MOUSE PRINT x-ray: Regulations of the Food and Drug Administration call this "slack-fill." *MOUSE PRINT: Subpart F-Misbranding for... Posted on November 16, 2009 at 03:12 am by Edgar -
Nov 9
The Limits of Unlimited Cell Service
More and more cell companies are advertising unlimited service packages these days. Here's one from a company you have never heard of: Their "unlimited" plans range in price from $39.99 to $69.99. So do they really give you "unlimited" service? *MOUSE PRINT: From their FAQ: Q: Is there a cap on the unlimited program. A: Yes, the unlimited Local & LD Plans are capped at 10,000 minutes per month. Q: How many text messages can I send per month? A: Unlimited Text Messaging is capped at 30,000... Posted on November 9, 2009 at 02:55 am by Edgar -
Nov 2
Sears: They Only Call it a Refrigerator
Walletpop reports that a senior citizen recently bought one of those mini dorm-size refrigerators from Sears, and was having a problem. Her food was spoiling after only a day or two, as the interior temperature of the refrigerator reportedly hovered between 50 and 65 degrees, and higher on hot days. When she contacted Sears, the consumer recounts, "a technician who handles warranty service for Sears told me it is quiet because there is no compressor in it and it cannot keep food cold enough to... Posted on November 2, 2009 at 02:57 am by Edgar
Reasonable Basis
Reasonable Basis
Features developments in false advertising and consumer protection law. By Tom Hughes.
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Jun 9
A tough week for Sears
After entering into a consent with the Federal Trade Commission for its collection and use of data from some of its My SHC Community members, Sears is involved in a second consent with the FTC, this time over environmental claims by Kmart. According to Commission complaints, Kmart, a unit of Sears Holdings Corp., Tender Corp. and Dyna-E International all made false and unsubstantiated claims that their paper products were "biodegradable." The Commission has been clear that unqualified... Posted on June 9, 2009 at 12:19 pm by Thomas Hughes -
Jun 4
Sears was watching you
Sears settled a Federal Trade Commission complaint alleging that it failed to adequately disclose the scope of the information it collected through a downloaded software application available to members of its "My SHC Community." According to the Commission's complaint, Sears paid certain consumers $10 to download "research software" that would track their "online browsing." The invitation from Sears to participate provided the following: "This research software will confidentially track your... Posted on June 4, 2009 at 10:31 am by Thomas Hughes -
May 26
Attack Ads
According to Adage more companies are calling out their competitors in "attack ads." Recent campaigns cited by the article include Domino's claims that it beat Subway in a taste test, Campbell Soup's campaign touting the superiority of its Select Harvest soup over General Mills' Progresso, Dunkin' Donuts boasting that it "beat Starbucks," and recent ads from Kraft asserting that its Oscar Mayer Jumbo Beef Franks taste better than hot dogs from Sara Lee and others. The article notes the success... Posted on May 26, 2009 at 01:40 pm by Thomas Hughes
Likelihood of Confusion
Likelihood of Confusion
Covers developments in trademark, copyright, new media and free speech. By Ron Coleman.
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Nov 19
New trademark blog: Pittsburgh Trademark Lawyer
Daniel Corbett, who unlike some people does not merely have a sadly un-updated picture of his younger self but who is by all indications actually as terrifyingly youthful as the visual evidence suggests, has despite this seeming deficiency quite ably rolled out the Pittsburgh Trademark Lawyer blog. Welcome to the party, Daniel! The more the merrier. Just keep [...] Posted on November 19, 2009 at 12:05 pm by Ron Coleman -
Nov 17
Life Imitates the National Debate
Outgoing New York Times ombudsman Daniel Okrent writes about 13 Things I Meant to Write About but Never Did. A favorite, via Best of the Web Today: Op-Ed columnist Paul Krugman has the disturbing habit of shaping, slicing and selectively citing numbers in a fashion that pleases his acolytes but leaves him open to substantive assaults. … I didn't give Krugman [...] Posted on November 17, 2009 at 03:33 pm by Ron Coleman -
Nov 17
I Read Dead Peoples’ Email: UPDATE
Remember this item? I wrote, regarding a family's request for access to a serviceman's email account after his death, as follows: I say that absent a specific compelling reason to get the email information - i.e., the location of his will or the buried treasure or something like that - it should die with the man. [...] Posted on November 17, 2009 at 03:33 pm by Ron Coleman
Advertising Law Blog
Advertising Law Blog
Provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. By the Lustigman Firm, P.C.
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Nov 13
Complimentary Webinar On The New FTC Testimonial and Endorsement Guidelines
Perhaps the most important development in advertising law in several decades, the FTC's recently revised Guides Concerning the Use of Endorsements and Testimonials in Advertising go into effect on December 1, 2009. The revised Guides (available online at [www.ftc.gov]) have a number of new elements that are extremely important for all marketers to understand, including: * The elimination of the "results not typical" safe harbor for advertisements showing a consumer's experience with a product;... Posted on November 13, 2009 at 10:52 am -
Nov 12
Investigation Being Conducted Regarding the Online Marketing of Membership Clubs
The United State Commerce Committee has expanded its investigation into e-commerce companies which present membership club enrollment offers to their online customers and have the customers agree to pass their customers' credit card or debit card numbers to enroll in the membership club. Senator Rockefeller who is the Chairman of the Committee has entitled the investigation is focusing on this practice because it has been the center of criticism by consumer advocates. Click here for more... Posted on November 12, 2009 at 12:18 pm -
Nov 11
NY Refund Policy Law To Take Effect
Retailers with stores in New York should take note that effective November 25, 2009, an amendment to the state's existing refund policy law takes effect. Set forth at New York General Business Law § 218-a, the law requires retailers to disclose the store's refund policy in one of four defined locations and to make a written policy available to consumers who request it. The refund policy must state state whether or not it is the retailer's policy to give refunds and, if so, under what... Posted on November 11, 2009 at 11:07 am
Consumer Advertising Law Blog
Consumer Advertising Law Blog
Covers consumer marketing, advertising and promotional activities. By Arnold & Porter.
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Nov 20
FDA Public Hearing on Promotion of FDA-Regulated Products Using the Internet/Social Media Tools
Companies that make or market FDA-regulated products are increasingly using Internet and social media tools such as Google searches, Twitter, Facebook and Wikipedia to promote their products and to provide other important information to consumers and health care professionals. While the Internet and social media provide significant benefits to consumers, industry, healthcare professionals and the public as a whole, these forms of media present new legal and regulatory challenges with respect to... Posted on November 20, 2009 at 10:47 am by randal shaheen -
Nov 19
FTC Releases Resource for Parents on Kids and the Internet
Many of us are parents and we know many of you are as well. So we decided to take just a quick departure from our normal focus on good business consumer marketing practices to let you know that the FTC has just published an excellent internet safety resource called "Net Cetera: Chatting with Kids About Being Online." Net Cetera is a guide for parents, particularly the many of us who have kids who are more internet savvy than we are, that gives practical advice on things like social networking... Posted on November 19, 2009 at 07:42 am by randal shaheen -
Nov 18
Obama Fills Up FTC’s Dance Card: Nominates NC Consumer Protection Cop and LA Lawyer
President Obama has beefed up consumer protection enforcement at the FTC with the nomination of Julie Brill, the Senior Deputy Attorney General and Chief of Consumer Protection and Antitrust for North Carolina. Brill has an impressive consumer protection resume, with an emphasis on credit reporting and privacy issues. For 20 years Brill was an Assistant Attorney General for Consumer Protection and Antitrust for the state of Vermont. There she brought enforcement actions against tobacco and... Posted on November 18, 2009 at 07:22 am by randal shaheen
Trade Regulation Talk
Trade Regulation Talk
Covers antitrust, consumer protection, franchising, advertising, privacy, and civil RICO law. By John W. Arden.
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Nov 20
Contractor Could Proceed with RICO...
Contractor Could Proceed with RICO Claim Alleging Extortionate Credit Line This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide. A construction contractor sufficiently alleged a RICO conspiracy by three individuals who allegedly engaged in a scheme to force the contractor to accept an extortionate line of credit, the federal district court in Cleveland has ruled. According to the contractor, one of the defendants refused to pay him $168,000 for gutter and siding... Posted on November 20, 2009 at 03:30 am by John W. Arden -
Nov 19
$4.8 Million Gift Card Controversy Sent...
$4.8 Million Gift Card Controversy Sent Back to State Court This posting was written by William Zale, Editor of CCH Advertising Law Guide. Because the amount in controversy in a lawsuit on behalf of New Jersey purchasers of Landry's Restaurants gift cards was at most $4.8 million, the federal district court in Trenton sent the case back to New Jersey state court, where it had been filed. Landry's had removed the case to the federal court, asserting that the amount in controversy met the $5... Posted on November 19, 2009 at 06:38 am by John W. Arden -
Nov 18
Revised Google Book Settlement Attempts...
Revised Google Book Settlement Attempts to Address U.S. Competition Concerns This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. After consulting with the U.S. Department of Justice, lawyers representing the parties in a copyright dispute brought by authors and publishers against online search engine Google have filed a revised settlement agreement with the federal district court in New York City. The settlement would resolve claims that Google violated copyright... Posted on November 18, 2009 at 01:53 am by John W. Arden
Duets Blog
Duets Blog
Collaborative blog on advertising, intellectual property, and marketing.
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Nov 20
To Do: Secure Domain Name for New Product
This reminder is a bit late for new Christmas-season consumer products, but it bears repeating year round, as companies contemplate new products: buy domain names associated with a new product before announcing the new product. This seems like an obvious thing to do, but I regularly read stories where companies fail to perform this step of a new product launch, then have to go and spend thousands of dollars to secure related domain names that could have been purchased for perhaps $10 per year... Posted on November 20, 2009 at 02:00 am -
Nov 19
My Aha Moment
If you've been paying attention to the trademark front, you've probably heard that Oprah and Mutual of Omaha recently settled a small skirmish over the use of "aha moment." The skirmish was apparently ignited by Mutual of Omaha's attempt to register "Official Sponsor of the Aha Moment." According to Oprah, she made the phrase famous when using it on her show to describe "flashes of understanding" she has with the guests on her show. My first question, directed to Ms. Winfrey: Are you kidding... Posted on November 19, 2009 at 02:00 am -
Nov 18
Nostalgia Calling
While browsing through a toy store recently, I noticed what appears to be a trend in branding this holiday season - reintroducing classic or "nostalgic" toys. It is very hard for me to accept that the toys I played with as a child could be considered "nostalgic," but upon first sight of the Chatter Phoneâ„¢, my childhood was calling. The beauty of these toys is in their simplicity. They require imagination; as a toy should, but often doesn't today. Another great thing is that the toys and... Posted on November 18, 2009 at 04:00 am
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.
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Sep 15
Court Challenge to Maine's New Marketing Law Fails
On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely unconstitutional. Nonetheless, the judge dismissed the challenge to the Act on the ground that the state Attorney General does not intend to enforce it. The Act, which became effective on September 12, 2009, broadly prohibits the collection, receipt, and use of personal information and... Posted on September 15, 2009 at 01:01 pm -
Apr 23
The Athlete Endorsement Game
Successful athlete endorsements can enhance consumer recognition of a brand and increase the relative perceived value of the products being endorsed. But securing a high-profile endorsement often requires lengthy negotiation and certainly comes at a high cost of entry. For example, Nike reportedly paid Tiger Woods over twenty million dollars for his endorsement, and Peyton Manning reportedly raked in over thirteen million dollars from endorsement deals with Sprint, MasterCard, Gatorade and... Posted on April 23, 2009 at 01:52 pm -
Apr 10
A New Game Plan
On Feb. 20, 2009 the 9th Circuit Court of Appeals struck down a California law banning the sale or rental of "violent video games" to minors and requiring such games to be labeled "18" (the legal age for adults). While this decision may surprise some California lawmakers and parents, its holding is fully consistent with substantial U.S. Supreme Court precedent entitling minors to a signifi cant measure of First Amendment protection, and leaving parents with the duty to supervise "appropriate"... Posted on April 10, 2009 at 06:50 am











