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Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Sep 21

    Claim Is Gone With The Wind At Death

    Claim Is Gone With The Wind At Death
    Two time academy award winner Olivia de Havilland seeks an expedited trial for the lawsuit involving her right of publicity.  Olivia de Havilland, DBE v. FX Networks, et al, BC667011 (Superior Ct. Calif., June 30, 2017). The urgency is…
  • Sep 20

    An Update from Mars: “CocoVaa” Dispute Resolved

    An Update from Mars: “CocoVaa” Dispute Resolved
    Earlier this year, I posted about a dispute between candy company Mars Inc. and a small business based in Wisconsin, selling handmade fine chocolates under the mark CocoVaa. In March, Mars Inc. filed a federal trademark…
  • Sep 18

    Are pretzel crisps crumbling into genericness?

    Are pretzel crisps crumbling into genericness?
    Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of so-called…
Rank this Week: 46

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Sep 21

    9th Circuit is sour on sugar-sweetened beverage disclosure

    9th Circuit is sour on sugar-sweetened beverage disclosure
    American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. Sept. 19, 2017) Plaintiffs challenged a SF ordinance requiring warnings about the health effects of certain sugar-sweetened beverages (SSBs) on certain…
  • Sep 19

    "Herbal" doesn't include animal product

    "Herbal" doesn't include animal product
    VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., --- Fed.Appx. ----, 2017 WL 4118381, No. 17-55198 (9th Cir. Sept. 15, 2017)VBS makes a commercial television live auction show named “DAU GIA TREN TRUYEN HINH” (“Fight…
  • Sep 19

    Adding clickbait title isn't false advertising or fraud on author

    Adding clickbait title isn't false advertising or fraud on author
    Dankovich v. Keller, 2017 WL 4081852, No. 16-13395 (E.D. Mich. Sept. 15, 2017)Interesting dispute: the pro se litigant didn’t like the editing of his essay, including the clickbaity headline added by the editors, and sued for various…
Rank this Week: 66

Likelihood of Confusion

Likelihood of Confusion

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

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

    Secondary trademark liability: Third party counterfeiting as proof of knowledge?

    Secondary trademark liability: Third party counterfeiting as proof of knowledge?
    QUERY:  Are sales of counterfeit products other than those of the plaintiff valid proof of a defendant’s “knowledge” in a contributory trademark infringement case? That question typically arises in the...
  • Sep 15

    Chocolate Ice Cream with Chocolate Syrup

    Chocolate Ice Cream with Chocolate Syrup
    Originally posted 2009-11-10 16:00:53. Republished by Blog Post PromoterHow else to describe a post (this one) that combines two of our favorite obsessions — Google and fair use? Business Week...
  • Sep 15

    Complaint in Gab.AI v. Google

    Complaint in Gab.AI v. Google
    Now here’s something you don’t see every day. Kudos to Marc Randazza and Jordan Rushie for having the courage to file this complaint! Yes, I helped.
Rank this Week: 70

The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin, branding, replacement parts, famous marks, grey goods and Madrid Protocol. By Marty Schwimmer.

http://www.schwimmerlegal.com/
  • Sep 19

    Fish vs Fish

    Fish vs Fish
    Fish IP Law firm seeks declaratory judgment against Fish and Richardson.
  • Sep 11

    Cepeda v Hadid and IMG re Instagram Use of Photo

    Cepeda v Hadid and IMG re Instagram Use of Photo
    Photographer sues model, Gigi Hadid, for uploading copyrighted photo to her Instagram page. As an aside, note alteration of ADIDAS to HADID. Case was filed in ED of Virginia. Plaintiff’s lawyer is from there, and that’s pretty…
  • Sep 11

    Engine Company 3, Ladder Company 12

    Engine Company 3, Ladder Company 12
    When we lived in Chelsea, our local firehouse was Engine Co. 3, Ladder Co. 12. They would send firemen to visit our kids’ preschool. When we took the kids in the stroller by the firehouse, the firemen would let the kids climb on the…
Rank this Week: 229

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Sep 18

    Is It a Feature Story or a Commercial?

    Is It a Feature Story or a Commercial?
    On September 6, Inside Edition ran a story during their daily program where a dermatologist was being interviewed giving tips to viewers on how to maintain a youthful, healthy appearance. Toward the end of the segment she recommends a…
  • Sep 11

    Brush Your Teeth and Get Vitamins Too?

    Brush Your Teeth and Get Vitamins Too?
    For years, product manufacturers have added vitamins to their products as a marketing tool to boost health conscious consumers’ interest in them. Now comes a new product called Vitaminpaste®. You guessed it — a toothpaste with…
  • Sep 4

    Did You Fall for the Whole Foods Price Cuts Hype?

    Did You Fall for the Whole Foods Price Cuts Hype?
    It seems like virtually every newspaper and media outlet carried stories at the end of August breathlessly touting price cuts at Whole Foods now that Amazon has taken over the high-priced chain. One would think with such headlines that…
Rank this Week: 551

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: 640

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
Rank this Week: 744

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
Rank this Week: 870

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
Rank this Week: 1276

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.ficlaw.com/blog/
  • Sep 18

    September 2017 Website Newsletter

    September 2017 Website Newsletter
    Charlie Faruki and Laura Sanom lead a team (Melinda Burton, Don Burton, Michael Mayer, Zach Heck, and Jason Palmer) that recently secured summary judgment in favor of one of the firm’s long-time clients, Premier Health, resulting in…
  • Sep 13

    Did Equifax Executives Commit Securities Fraud in the Wake of the Company’s Historic Data Breach?

    Did Equifax Executives Commit Securities Fraud in the Wake of the Company’s Historic Data Breach?
    Two corporate executives at Equifax sold over 10,000 of their shares in the corporation just three days after Equifax discovered hackers accessed the names and social security numbers of 143 million Americans. Equifax discovered the data…
  • Aug 30

    The Inverse Hearsay Exception

    The Inverse Hearsay Exception
    In a seminal public records exception case, the Second Circuit Court of Appeals held that, where proffered hearsay evidence is inadmissible under the public records exception against a criminal defendant, the government cannot attempt to…
Rank this Week: 1322

OberIPWatch

OberIPWatch

Covers IP issues of importance to clients in science, technology, healthcare, education, media and the arts. By Ober Kaler.

http://oberipwatch.com/
Rank this Week: 1318

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: 1900

You Might Be a Winner

You Might Be a Winner

Covers promotion marketing law. By Verrill Dana LLP.

http://youmightbeawinner.com
  • Sep 5

    Age Doesn’t Matter Except When it Doe

    Age Doesn’t Matter Except When it Doe
    Marx once remarked, “Age is not a particularly interesting subject.  Anyone can get old. All you have to do is live long enough.”  Well, thanks Groucho, for that word of advice, but let’s look anyway into the…
  • Aug 24

    Sweepstakes Rules: How Much Is Too Much?

    Sweepstakes Rules: How Much Is Too Much?
    William J. Shakespeare recognized over 400 years ago in As You Like It that “Excess may do you harm.”  This may still hold true today for sweepstakes and contest Official Rules. The internet has allowed Official Rules to be…
  • Aug 18

    You Can’t Do That (Strange But True Illegal Contests)

    You Can’t Do That (Strange But True Illegal Contests)
    We all know that promotions involving such things as dairy, gasoline, and cigarettes are illegal in some states, but if you dig a little deeper, you’ll learn that a red flag should go off if, for instance, a sponsor wants to run a dance…
Rank this Week: 1549

Above the Fold

Above the Fold

Covers advertising and trademarks law. by Fox Rothschild LLP.

https://advertisinglaw.foxrothschild.com/
  • Sep 1

    FDA (Again) Extends Compliance Deadline for Menu Labeling Rule

    FDA (Again) Extends Compliance Deadline for Menu Labeling Rule
    Advertising comes in many forms. Although menu labeling requirements may not seem like a traditional form of advertising, menus are consumer-facing and undoubtedly contain information that affect consumer purchasing decisions. Thus,…
  • Sep 1

    Are Offensive Trademark Registrations on the Rise?

    Are Offensive Trademark Registrations on the Rise?
    In direct response to the U.S. Supreme Court’s decision striking down the constitutionality of section 2(a) of the Lanham Act, which as enacted barred the registration of disparaging trademarks, there is reason to believe that offensive…
  • Aug 31

    Haters Gonna Hate: Tactics to Avoid When Responding to Bad Customer Review

    Haters Gonna Hate: Tactics to Avoid When Responding to Bad Customer Review
    Customer feedback is a two-way street.  On the one hand, positive customers reviews can inspire trust in potential new customers who might otherwise be apprehensive about purchasing products or services from an unfamiliar…
Rank this Week: 1479

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: 2323

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: 1725

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
  • 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…
  • Oct 23

    As has been reported, the FTC recently…

    As has been reported, the FTC recently issued a revised "Green Guides" to guide marketers when making claims regarding the environmental attributes about their products. 
  • Oct 1

    Today, FTC Releases the Revised Green Guides for Environmental Marketing

    Today, FTC Releases the Revised Green Guides for Environmental Marketing
    Author: Paul Van SlykeThe FTC released today the long-awaited final, revised version of its Guides for the Use of Environmental Marketing Claims — the Green Guides. If your company makes green or environmental claims in its advertising,…
Rank this Week: 2222

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Sep 21

    InfoLawGroup Partner Justine Young Gottshall to speak at the 2017 Privacy + Security Forum in Washington, D.C.

    InfoLawGroup Partner Justine Young Gottshall to speak at the 2017 Privacy + Security Forum in Washington, D.C.
    Join Justine Young Gottshall for the 2017 Privacy + Security Forum, October 4-6, 2017 at the George Washington University Marvin Center.   Ms. Gottshall will speak on What’s New In Online Advertising? IoT, Addressable TVs and…
  • Sep 12

    FTC Leaves Little Doubt that Influencers are Squarely Within Its Sight

    FTC Leaves Little Doubt that Influencers are Squarely Within Its Sight
    Last week was a busy one for the Federal Trade Commission.   On Thursday, the FTC gave notice that it is still very much focused on influencers and whether they are properly disclosing any material connections that they may have to…
  • Sep 8

    FTC Revises Endorsement Guide FAQ

    FTC Revises Endorsement Guide FAQ
    This week, the FTC released an update to its FAQs on complying with its Guides Concerning the Use of Endorsements and Testimonials in Advertising  (“Endorsement Guides”). The FAQs offer informal guidance from the FTC and were…
Rank this Week: 2746

Lawyers on Tap

Lawyers on Tap

By Verrill Dana LLP. Provides a resource to craft beverage producers interested in keeping abreast of legal developments and navigating the challenges unique to the industry.

http://beveragelawupdate.com
  • Sep 20

    Social Media is an (age) gated community

    Social Media is an (age) gated community
    Few brewers would dream of serving someone in their brewery or tasting room without checking an ID to ensure that all the craft beer lovers in the room are of legal drinking age.  When it comes to their virtual breweries and tasting…
  • Sep 6

    Out of the (Maine Beer) Box: Standing Out in a Global Marketplace

    Out of the (Maine Beer) Box: Standing Out in a Global Marketplace
    After traveling to Iceland with more than a dozen of Maine’s brewers to greet the Maine Beer Box at the Bjorfestival in Reykijavik, Verrill Dana Attorney Tawny Alvarez reflected on the importance of standing out in a global marketplace…
  • Jul 21

    B as in “Benefit”: The “New Kid on the Block” of Corporate Governance

    B as in “Benefit”: The “New Kid on the Block” of Corporate Governance
    With an alphabet soup of corporate structures available to U.S. businesses (think C-corp, S-corp, LLC, LLP, etc.) you might guess that creating another would be the last thing on the minds of new business owners.  However, the success of…
Rank this Week: 3056

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://fashioncounsel.com
Rank this Week: 2820

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
  • Sep 20

    Deja vu: Bursting the Digital Bubble

    Deja vu: Bursting the Digital Bubble
    Please click here see my recent article written for the Association of National Advertisers.… Continue Reading
  • Sep 19

    FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

    FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance
    This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media endorsements.…
  • Sep 18

    IBA Self-Regulatory Principles at Center of BBB Decision

    IBA Self-Regulatory Principles at Center of BBB Decision
    Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles.  The interest-based advertising rules of the road require third parties to provide…
Rank this Week: 2876

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Sep 20

    Deja vu: Bursting the Digital Bubble

    Deja vu: Bursting the Digital Bubble
    Please click here see my recent article written for the Association of National Advertisers.… Continue Reading
  • Sep 19

    FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

    FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance
    This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media endorsements.…
  • Sep 18

    IBA Self-Regulatory Principles at Center of BBB Decision

    IBA Self-Regulatory Principles at Center of BBB Decision
    Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles.  The interest-based advertising rules of the road require third parties to provide…
Rank this Week: 2864

The Brand Protection Blog

The Brand Protection Blog

Reports on 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/
Rank this Week: 3233

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
  • Jul 5

    Misleading Concert Prices Could Be Your Ticket to a Fine: Competition Bureau

    Misleading Concert Prices Could Be Your Ticket to a Fine: Competition Bureau
    On July 4, 2017, the Competition Bureau (Bureau) issued a statement warning sporting and entertainment vendors to ensure that their upfront pricing was accurate. In particular, the Bureau cautioned ticket sellers that engaging in “drip…
  • Jun 2

    A Legal Tiptoe Through the Hot World of Influencer Advertising

    A Legal Tiptoe Through the Hot World of Influencer Advertising
    My new Canadian Lawyer column discusses practical tips for brands and influencers in the expanding area of endorsements and testimonials, in light of Federal Trade Commission, Competition Bureau and industry regulator guidance. Below is an…
  • May 16

    Preparing for the Expiry of CASL’s Transitional Provision

    Preparing for the Expiry of CASL’s Transitional Provision
    tbk Creative has published a very good and thorough post of the upcoming expiry of CASL’s (Canada’s anti-spam law) transitional provision on July 1, 2017. While a significant amount has recently been written on the upcoming…
Rank this Week: 4362

Throughout the Universe

Throughout the Universe

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

http://www.issbusinesslaw.com
  • Jun 30

    Oregon Supreme Court upholds an expanded safe harbor in uninsured motorist claim

    Oregon Supreme Court upholds an expanded safe harbor in uninsured motorist claim
    Insurer may dispute both existence and extent of claimed injury caused by uninsured driver without risking attorney fees. In Spearman v. Progressive Classic Insurance Company, 361 Or 584 (2017), the Oregon Supreme Court recently expanded the…
  • May 8

    Legal issues in the exhibition or sale of fine art on consignment

    Legal issues in the exhibition or sale of fine art on consignment
    Artists and art dealers should look closely at Oregon’s art consignment laws any time the work leaves the studio. Many artists aspire to show in respected galleries and be represented by reputable dealers. But venues like local cafes…
  • Dec 14

    Automated calls could put brand marketers on the hook in civil action

    Automated calls could put brand marketers on the hook in civil action
    Telephone Consumer Protection Act makes prerecorded telemarketing a risky business An Oregon company has reportedly found itself haled into a Pennsylvania court, accused by one local plaintiff there of violating the Telephone Consumer…
Rank this Week: 3418

Ad Defense Law

Ad Defense Law

Covers advertising law and consumer class action law. By Holland & Hart LLP.

http://adlawdefense.com/
  • May 9

    Are You Shipping Me! Is Delivery Charging The Next Big Thing In Consumer Class Actions?

    Are You Shipping Me! Is Delivery Charging The Next Big Thing In Consumer Class Actions?
    ** Shipping and Handling Case Dismissed in California – Beginning of the End? **                                            …
  • Apr 27

    Healthy Consciou

    Healthy Consciou
    ** FDA Updating Requirements for “Healthy” Claims on Food Labeling ** One of the trending areas we have blogged about last year was “healthy” claims in food labelling becoming the new “all natural”…
  • Apr 5

    Sugar in Missouri

    Sugar in Missouri
    ** Do we have a new “sue-me” State for Food and Class Litigators? **                                          …
Rank this Week: 3107

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: 3306

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: 4275