Administrative Agency Communications & Media Civil Remedies

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
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FTC Targets Brand Owner Policing Search Ad Keywords

This Monday, the Federal Trade Commission (the “FTC” or “Commission”) commenced an administrative proceeding against 1-800 Contacts, Inc. (“1-800 Contacts”), alleging that the online contact lens retailer had entered into...more

Miss Trademark USA: Beauty Pageant Naming Disputes

Just this month, two disputes over the trademark rights to beauty pageant names were resolved, pending appeal. In World Pageants LLC v. Miss G-String International LLC, the Trademark Trial and Appeal Board (“TTAB”) dismissed...more

Court of Appeal Sustains CPUC's Discretion to Fill Gaps in Statutory Scheme for Intervenor Compensation but Requires CPUC to Limit...

The California Court of Appeal (1st Dist., Div. 4) issued an important decision on April 19, 2016, in New Cingular Wireless PCS, LLC v. Public Utilities Commission, addressing a determination by the California Public...more

FCC Commissioner O’Rielly Questions Commission’s Forfeiture Calculations in Recent Forfeiture Order

On December 7, 2015 the FCC released a Forfeiture Order against PTT Phone Cards, Inc. (formerly Star Pinless) (PTT or the Company), a prepaid calling card service provider that resells international telecommunications...more

How Will the FCC’s TCPA Declaratory Ruling and Order Affect Your Business?

In a previous blog post, we reported on the FCC’s new pro-consumer TCPA ruling. On July 10, 2015, the FCC officially released the Declaratory Ruling and Order, which became effective immediately. The ruling creates new and...more

FCC Enforcement Bureau Stays Pole Attachment Complaint Proceeding Pending Completion of Arbitration

In a March 16, 2015 Letter Ruling, the Market Disputes Resolution Division of the FCC’s Enforcement Bureau granted a request by Duke Energy Carolinas, LLC (“Duke”) for a stay in a pole attachment complaint proceeding brought...more

Don't Underestimate the Importance of TTAB Proceedings

A recent U.S. Supreme Court decision, B&B Hardware, Inc. v. Hargis Industries, Inc., heightens the importance of often-neglected trademark conflict administrative proceedings in the Trademark Trial and Appeal Board....more

Supreme Court Holds That TTAB Rulings Can Have Preclusive Effect in Court

On Tuesday, the Supreme Court issued its decision in B&B Hardware v. Hargis Industries, ruling that decisions of the Trademark Trial and Appeal Board (TTAB) on “likelihood of confusion” in trademark opposition proceedings can...more

Supreme Court: An Administrative Ruling on Confusion Can Be the Last Word in Trademark Litigation

Trademark disputes often focus on whether two marks create a “likelihood of confusion” with one another. That issue can come up before a court considering trademark infringement; before the Trademark Trial and Appeal Board...more

Supreme Court Seals Tight a TTAB Decision

In a recent case that will raise the stakes for companies involved in contentious administrative trademark proceedings, the U.S. Supreme Court held that the administrative tribunal, the Trademark Trial and Appeal Board...more

Pomegranate Health Benefit Claims Were False, Misleading - POM Wonderful, LLC, et al. v. Federal Trade Commission

In an opinion addressing the amount and type of scientific evidence required to substantiate disease treatment and prevention claims, the U.S. Court of Appeals for the District of Columbia upheld the Federal Trade...more

Food Litigation Newsletter - March 2015

In This Issue: - RECENT SIGNIFICANT RULINGS ..Summary Judgment For Defendants In Juice False Advertising Suit ..Partial Class Certification Granted in “100% Natural” Cooking Oil Action ...more

POM Wonderful: The New Prescription for False Advertising

The ability of private parties to pursue mislabelling claims depends on whether allowing such claims to proceed would conflict with the purpose and intent of federal labelling laws and implementing regulations, such as those...more

New draft regulation on resolution of disputes between electronic communication operators

The Italian Communication Authority (AGCOM) published a new consultation on a draft regulation relating to the resolution of disputes between electronic communication operators....more

Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more

U.S. v. Apple Inc et al

Copy of District Court Ruling that Apple Conspired to Raise E-Book PricesNew York

On July 10, 2013, U.S. District Judge Denise Cote ruled that Apple conspired with five publishers to raise the price of e-books when it introduced the iBookstore in 2010. Here’s a full-text copy of her ruling (embed code...more

Justice Department Settles ADA Claims against Debt Collector

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

Missouri Court of Appeals Reverses and Renders Summary Judgment, Holding Insurer Not Liable For Indemnity Because TCPA Statutory...

Plaintiff insurance company appealed the trial court’s summary judgment order in favor of Defendants who had settled an underlying action involving the allegedly unsolicited transmission of more than 10,000 faxes in violation...more

Food Litigation Newsletter - November 2012

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. We welcome your comments. For a subscription to the electronic copy with links to...more

Posting Copyrighted Image Has Consequences

Any organization with a website should take care that it is not posting anyone else’s copyrighted content without permission. If a court finds that the unauthorized use of another’s copyrighted content was done intentionally,...more

Intellectual Property Bulletin - Summer 2012

In This Bulletin: Final Patent Rules Provide Few Surprises; CFAA is Losing Ground as a Tool to Fight Trade Secret Misappropriation; Quick Updates: You Are Not Your IP Address; The Federal Circuit Addresses the Abstract...more

Mobile Marketing Class Action Litigation 2.0: Enterprising Plaintiffs’ Lawyers Assert Novel Class Claims Under the TCPA

Never let it be said that plaintiffs’ lawyers are not an enterprising lot. The old adage that you can’t get blood from a stone continues to apply, but not evidently to plaintiffs’ lawyers. They continue to push the envelope...more

Federal Court Holds in ADA Suit that Netflix Web Streaming Can Be “Place of Public Accommodation”

A federal district court in Massachusetts has rejected arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (“ADA”), and...more

Protecting Your Rights: New gTLD Applications

In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a program to expand the Internet's domain name system by introducing new generic top-level domain names. The new gTLD application period...more

Copyright Owners Using DMCA To Take Down URLs

At a conference held June 18 at Stanford University Law School – The 9th Annual Stanford Ecommerce Best Practices Conference - it was reported that copyright holders are increasingly using the Digital Millennium Copyright...more

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