Sandra Edelman

Sandra Edelman

Dorsey & Whitney LLP

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Latest Publications


Chobani Yogurt Ad Campaign Enjoined – A Healthy Result for Yoplait and Dannon

When I opened up a newspaper a few weeks ago and saw an ad by Chobani for its Simply 100 Greek Yogurt, my first thought was, “that’s going to provoke a false advertising dispute.” Here’s what Chobani said about its competitor...more

2/10/2016 - Chobani Inc False Advertising False Statements Food Manufacturers General Mills Likelihood of Success Misleading Statements Preliminary Injunctions

Black Ops Mission Accomplished by Federal Trademark Registration

A recent district court decision granting a preliminary injunction in The Brooklyn Brewery Corp. v. Black Ops Brewing, Inc. demonstrates the advantage of owning a federal trademark registration when products bearing the...more

1/28/2016 - Lanham Act Likelihood of Confusion Likelihood of Success Preliminary Injunctions Trademark Infringement Trademark Litigation Trademark Registration Young Lawyers

Going Native? Part 2: The FTC’s Native Advertising Guide for Businesses – The Why, When and How of Effective Disclosures

At the end of December, we blogged about the FTC’s long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements. Along with the policy, the FTC issued a Guide for Businesses that contains seventeen...more

1/26/2016 - Corporate Counsel Disclosure Requirements FTC Native Advertising Transparency Truth in Advertising

Louis Vuitton and My Other Bag – Do You Get The Joke?

In a recent post, we discussed the trademark parody defense in the context of a California district court decision holding that the owner of the Superman “S” logo had adequately stated infringement claims asserted against a...more

1/21/2016 - Copyright Infringement Dilution Fair Use Lanham Act Parody Trademark Infringement Trademark Litigation

Superman, Superdad, and the Limits of a Trademark Parody Defense

Superman has triumphed yet again, this time with help from the federal court in the Central District of California. It wasn’t actually Superman that scored this particular victory, but DC Comics, owner of the trademark rights...more

1/7/2016 - DC Comics Likelihood of Confusion Parody Popular Trademark Infringement Trademark Litigation Trademarks Young Lawyers

Going Native? The FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements Provides a Roadmap – Part 1

Last week, the FTC issued its long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements, often referred to as “native advertising.” For those unfamiliar with the term, the FTC helpfully explains that...more

12/29/2015 - Disclosure Requirements FTC Native Advertising Online Advertisements Policy Statement Unfair or Deceptive Trade Practices

A Fight Over the Abandoned STRATOTONE Guitar Brand – Federal District Court Picks a Winner

A recent federal district court decision involving the iconic STRATOTONE guitar brand, Agler v. Westheimer Corp. illustrates two important principles concerning the law of trademark abandonment: First, once a mark is deemed...more

12/17/2015 - Abandonment Motion for Summary Judgment Trademark Litigation Trademarks

Instagram and the #FreeLunch: FTC Guidelines on Social Media Endorsements

With Thanksgiving behind us and the holiday season in full swing, many of us will be dining out at local restaurants and picking up sumptuous desserts to bring to dinner parties. Looking for restaurant and bakery...more

11/30/2015 - Disclosure Requirements FTC Endorsement Guidelines Instagram Marketing Photographs Social Media

Updated FTC Guidance on Endorsements and Testimonials in Social Media Advertising – Does Your Advertising Pass Muster?

In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content....more

6/3/2015 - Advertising Contests & Promotions Corporate Counsel Disclosure Requirements Endorsements FTC FTC Endorsement Guidelines Marketing Social Media Sweepstakes Testimonial Statements

When Scientific Research Becomes False Advertising

Positive results of scientific research on a company’s products can provide a tempting topic for advertising and promotion. If an article published in a well-established, peer-reviewed journal says that your company’s...more

1/6/2015 - Advertising BPA Corporate Counsel False Advertising False Statements First Amendment Lanham Act Manufacturers Scientific Research

Full Disclosure in Advertising – Recent Guidance from the FTC

Enforcement efforts by the Federal Trade Commission in the area of false advertising have long emphasized the importance of disclosing material facts relevant to advertising claims to ensure that messages communicated to the...more

12/9/2014 - Advertising Consent Order Disclosure Enforcement Actions Facebook FTC Media Popular Printed Publications Social Media Sony Television Commercials Twitter

POM Wonderful: U.S. Supreme Court Holds Lanham Act False Advertising Claims Not Precluded by FDA Statute

On June 12, 2014, the United States Supreme Court issued its decision in POM Wonderful LLC v. Coca-Cola Co., No. 12-761, which confirms that federal false advertising claims can be brought against false or misleading...more

6/17/2014 - Advertising Coca Cola FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola Popular SCOTUS

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