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1
WFA Launches Guide To Progressive Gender Portrayals In Advertising
The World Federation of Advertisers just launched guidance to help brands avoid gender stereotypes in advertising.
United States
21 May 2018
2
Scratch Off Sweepstakes Card Triggers Class Action
Back in the 1990s, lawsuits and regulatory actions against sweepstakes operators were legion. In the wake of these actions, and in a stunning lack of prescience, yours truly predicted the death...
United States
18 May 2018
3
Robot Calling? Better Have Consent.
You answer the phone. After a moment of silence, a recorded voice starts a pitch. (You hang up.)
United States
18 May 2018
4
FDA's Cigar Warning Requirements Don't Violate The First Amendment
Yesterday, in Cigar Association of America v. U.S. Food and Drug Administration, the United States District Court for the District of Columbia ...
United States
18 May 2018
5
Bing Prohibits Cryptocurrency Advertising
Yesterday, Bing announced that it will no longer accept advertising for cryptocurrency, cryptocurrency-related products, and unregulated binary options. This new policy will go into effect in June.
United States
17 May 2018
6
Suppressing Negative Reviews "Unfair"
In 2017, the FTC filed a complaint in the Southern District of Florida against World Patent Marketing and its owner, alleging that they operated an invention-promotion scam ...
United States
16 May 2018
7
FTC Settles Case Over Deceptive Hearing Aid Claims
The Federal Trade Commission recently settled with Global Concepts Limited, Inc. and other defendants ("Global Concepts") over charges that they made false claims ...
United States
16 May 2018
8
Burberry Sues Target Over Use Of Check Design
In a complaint filed last week in the Southern District of New York, Burberry has alleged that Target has repeatedly and willfully infringed its federally ...
United States
16 May 2018
9
Unauthorized Use Of A Model In Advertising Is Not Always A Federal Case
The unauthorized use of a model's picture in advertising is usually both a right of publicity claim under State law and a Federal claim under the Lanham Act's claim for a likelihood of confusion...
United States
16 May 2018
10
Can Consumers Get Injunctive Relief When They Are Unlikely To Purchase The Product Again?
In Davidson v. Kimberly-Clark Corporation, the plaintiff sued, alleging that Kimberly-Clark falsely advertised its pre-moistened wipes as "flushable."
United States
16 May 2018
11
How To Comply With New York's New Anti-Harassment Rules
On April 11, 2018, the New York City Council also enacted a package of eleven bills (signed by Mayor DeBlasio on May 9th) collectively titled the Stop Sexual Harassment in NYC Act ...
United States
16 May 2018
12
The Man With The Tiger Tattoo
In recent years, a number of tattoo artists have filed copyright infringement lawsuits when tattoos that they have inked into their celebrity clients' flesh have been featured prominently in blockbuster...
United States
16 May 2018
13
Tyc Sports Pulls LGBTQ Spot In Face Of Criticism
Tyc Sports, an Argentinian broadcaster, published an ad that was meant to condemn Russia's anti-LGBTQ laws ahead of Russia's hosting of the 2018 World Cup.
United States
16 May 2018
14
Impending WHOIS Data Blackout Is Likely To Impede IP Enforcement
On May 25, 2018, the European Union's new General Data Protection Regulation (GDPR) will take effect. While the regulations are a welcome change for many privacy advocates, they will introduce a new...
European Union
15 May 2018
15
Canada's Ad Standards Releases New Influencer Disclosure Guidelines
Like in the United States, Canada requires that any material connection between an influencer and an advertiser be clearly disclosed.
Canada
15 May 2018
16
"Less Sore. More Smiles." Not Puffery Says NAD
As some of my colleagues commented when I told them that I was going to blog about NAD's recent decision involving Carmex Cold Sore Treatment, Carma Lab's lip care product, "I love that stuff!"
United States
15 May 2018
17
Made, Built, Or Manufactured In The USA?
Recently, the Federal Trade Commission closed its investigation into whether marketing materials for Tradenet Enterprise, Inc. d/b/a Vantage LED overstated the extent to which the company's LED...
United States
15 May 2018
18
Keyword Advertising With Competitor's Trademark Was Not Evidence Of Bad Faith
In ZW USA, Inc. v. PWD Systems, LLC, plaintiff ZW is the owner of federal registrations for the trademarks ONEPUL and ZEROWASTE for doggie waste disposal bags.
United States
14 May 2018
19
You've Proven False Advertising, But What About Damages?
The case went to a jury, which considered liability and damages in two phases.
United States
14 May 2018
20
TTAB Allows Registration Of DR. DRAI Trademark By OB-GYN
The Trademark Trial and Appeal Board ("TTAB") dismissed hip-hop mogul Dr. Dre's opposition to registration of the trademark DR. DRAI (and related marks) by Dr. Draion M. Burch.
United States
14 May 2018
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