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NYC Women in Intellectual Property Discuss Cybersecurity

Yesterday, Mintz Levin attended a panel breakfast sponsored by the New York City Bar’s Committee on Women in Intellectual Property. The panel featured two practitioners, one from the public sector and one from the private...more

Are you a Canadian business running an #onlinecontest?

Social media is not just a marketing novelty - it has become the essential tool for running a promotional contest. Have a look at any big brand contest and you’re hard pressed to find one without a social media component....more

Running a Sweepstakes or Contest on Social Media?

If entry for the chance to win a prize requires participants to post content featuring your company’s products or services, the participants should be instructed to disclose that their posts are pursuant to a contest. ...more

FTC Continues Its Pursuit of "Robocalling" Platforms

With its latest settlement, the Federal Trade Commission shows that its prior targeting of prerecorded voice dialing platforms, as opposed to those who use them to place “robocalls,” was no one-off initiative, and that it has...more

Digital Content Producers (Still) Lack Antitrust Standing to Sue Wireless Carriers Over MMS

In a prior post, I covered the district court’s decision in Davis v. AT&T Wireless Services, Inc. There, the Central District of California dismissed antitrust claims against various wireless telephone companies and other...more

FTC Seeks Further Public Comment On Mobile Security

On April 17, the FTC announced it is seeking additional public comments on issues explored during a 2013 forum on mobile security. The announcement includes a series of specific questions within the following categories: (i)...more

FTC Enforces Facebook Policies to Stop Jerk

The Federal Trade Commission (FTC) recently accused the operator of www.Jerk.com (Jerk) of misrepresenting to users the source of the personal content that Jerk used for its purported social networking website and the...more

Advertising News & Analysis - April 17, 2014

In this issue: - Ortiz/Obama Selfie Exposes Social Media's Blurred Lines - DMCA Takedown? Not Without a Registration - Let It Go: A Tale of Assets Unfrozen - Upcoming Events - Excerpt from...more

Advertising Law

SAG Allocation Guidelines Trump Settlement Deal - In the first decision interpreting the Screen Actors Guild 2009 Commercials Contract Allocation Guidelines, an arbitrator ordered a signatory to double its payments to...more

Acquisitions Don't Nullify Prior Privacy Promises--FTC's Letter to Facebook & WhatsApp Gives Caution to All to Honor Privacy...

Social networking site Facebook announced in February its plans to acquire WhatsApp—a “rapidly growing cross-platform mobile messaging company”—for the princely sum of $19 billion. While Facebook and WhatsApp are looking...more

Car Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill Climb” Ad

In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a fruitless attempt to climb...more

Don’t be a Jerk

Last week the Federal Trade Commission (“FTC”) charged the operators of Jerk.com with harvesting personal information from Facebook to create profiles for more than an estimated 73 million people, where they could not be...more

FTC Provides Guidance On Obtaining Parental Consent Under COPPA

The Federal Trade Commission (FTC) has recently responded to three applications seeking approval for new methods for obtaining parental consent under the Children's Online Privacy Protection Rule....more

FTC v. Jerk.com: Did the FTC’s “Jerk.com” Complaint Just Turn API Terms into Federal Law?

The Federal Trade Commission’s announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement...more

Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law?

The Federal Trade Commission’s (FTC) announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5...more

Advertising News & Analysis - April 10, 2014

In this issue: - FTC Updates Energy Labeling Rule - FTC Gives Cole Haan Pinterest Promotion the Boot - Major Class Action Victory for POM Decertifies Previous Class - Upcoming Events -...more

Advertising Law

COPPA + State Law = Privacy Protection for Teens - How does the Children’s Online Privacy Protection Act (COPPA) interact with state law privacy protections for teens? According to amicus briefs filed by both...more

FTC Announces Settlements for Mobile App Security Issues

On March 28, 2014, the Federal Trade Commission (FTC) announced settlements with Fandango, LLC and Credit Karma, Inc. resolving charges that the companies misrepresented the security of their mobile apps in violation of...more

#SMH-butnotacontestorsweepstakes – Check Your Online Promotion Hashtag Or Face Scrutiny From The FTC

As we have reported before, the Federal Trade Commission requires the disclosure of any “material connection” offered in exchange for an online endorsement or post in their Online Endorsement Guidelines. Now, they are...more

California Proposition 65 Caramel Coloring Suits

This January, Consumer Reports, an independent product testing organization, released a report entitled “Caramel Color: The health risk that may be in your soda” detailing its investigation of the presence of...more

EU makes waves by casting the net of neutrality

On Thursday 3 April 2014, the European Parliament voted to adopt net neutrality. The principle of net neutrality is that all data on the internet is to be treated equally, regardless of platform, application, source or user....more

FTC Letter States Pinterest Contest Entries Are Endorsements

After investigating a contest promoting Cole Haan products on Pinterest, the FTC determined that contestants' pins were endorsements and that these endorsements failed to disclose that contestants posted the pins as part of a...more

Going Native

Native advertisements represent not only an increasingly popular and effective means of promotion for marketers, it also represents a massive headache for the Federal Trade Commission (“FTC”). Native advertising, also known...more

FTC Sends Message: Make Your Mobile App Secure

Mobile payments have become so commonplace that consumers rarely stop to think about whether their online payment is secure. Mobile app developers can fall into a similar trap of assuming that the necessary security measures...more

Social Networking for Jerks: FTC Goes After Site for Scraping Facebook Content

In the 1979 Carl Reiner film The Jerk, a new phonebook is delivered and Steve Martin, playing the title character, rejoices that “I'm somebody now! Millions of people look at this book every day! This is the kind of...more

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