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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

SCOTUS Clears District Court Jam Over Test for Standing in False Advertising Cases

Printing has not been this interesting since Dwight Schrute and Jim Halpert bickered over paper sales and Michael Scott told off-color jokes in “The Office.” Last week, the U.S. Supreme Court stepped into the laser...more

Supreme Court Clarifies Standing For False Advertising Cases

On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark...more

Advertising Law -- Jan 24, 2014

SPECIAL FOCUS: Exploring the Ony Decision and Its Impact on False Advertising Claims Involving Scientific Findings - Last year, the Second Circuit issued an opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a...more

Advertising Law -- Nov 06, 2013

FTC Settles Over “Made in the U.S.A.” Claims - Back in business after the government shutdown, the Federal Trade Commission recently announced a settlement involving products falsely advertised as “Made in the U.S.A.”...more

Advertising Law -- Oct 10, 2013

Fourth Circuit "Likes" First Amendment Protection for Social Media Speech - A Facebook "like" is speech protected by the First Amendment, the Fourth U.S. Circuit Court of Appeals ruled, reversing a federal court...more

The right of publicity in college sports

The sports-media industry has recently experienced a proliferation of litigation involving right-of-publicity claims asserted by student-athletes for the unauthorized use of their names, images and likenesses. The most highly...more

Advertising Law -- Jun 20, 2013

Supreme Court to Consider Lanham Act Standing - What factors should determine standing to sue for false advertising under the Lanham Act? The U.S. Supreme Court has agreed to answer that question in a case from...more

FTC Ruling Not So Wonderful For POM or The First Amendment

On January 16, 2013, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case about the advertisements for POM Wonderful LLC's 100% Pomegranate Juice and POMx supplements....more

False Advertising: Supreme Court to Decide Who Can Sue

The Supreme Court has recently agreed to hear argument in Lexmark v. Static Control that will strike at the very heart of false advertising jurisprudence by asking who is allowed to bring false advertising claims. The Lanham...more

U.S. Supreme Court To Decide Standing Requirement To Bring False Advertising Claim

In certain states, only an actual competitor may bring a false advertising claim under the Lanham Act....more

Federal Court in Manhattan “Likes” Service of Process via Facebook

On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this...more

Federal Judge Orders Service of Process through Facebook

In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook. ...more

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more

Socially Aware: The Social Media Law Update -- Vol. 3, Issue 5 -- December 2012

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit...more

Advertising Law -- Nov 21, 2012

In This Issue: FTC, CFPB Target Mortgage Ads; FTC Working on Data Collection "Nutrition Label"; Suit Filed Over "Giant Soda" Ban; Red Light: Hyundai, Kia Face Suits Over Fuel Estimates; Does California's Credit Card Law...more

POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues

POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s...more

Trudeau v. FTC

Brief For The CATO Institute As Amicus Curiae Supporting Petitioner

There's a fine line between protecting the public from fraud and censoring unorthodox opinions - a line across which the government often stumbles. That was the case in September 2007, when the Federal Trade Commission filed...more

Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case

Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more

Advertising Law -- May 4, 2012

In This Issue: *Manatt Expands Intellectual Property Practice in New York *Federal Court Rules Muscle Milk Lawsuit Needs More Muscle *How Much Is That App in the Window? *City Ordinance Banning Outdoor Tobacco...more

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

Davis v. AT&T Wireless Services, Inc., No. CV 11-02674 DDP (March 1, 2012) (Pregerson, J.) Not everyone can sue for an antitrust violation.  Usually, if plaintiffs and defendants do not at least participate...more

Advertising Law - September 8, 2011

In This Issue: Manatt’s Ken Kaufman to Lead Webinar on Intellectual Property Issues in Entertainment Transactions; FTC Settles First Suit over Mobile Apps; Red Flag: Suit Against NASCAR Alleges TCPA Violations; M’m,...more

Socially Aware: The Social Media Law Update - Vol. 2, Issue 2 - April 2011

In this issue: FTC Charges Google With Deceptive Practices; California District Court Holds Facebook Posts Subject to CAN-SPAM Act; Ninth Circuit Takes Sides in Battle Over Terms of Use in World of Warcraft Case; New Charge...more

FTC Advertising Crackdown Provides Food for Thought

The Federal Trade Commission has been clamping down on several major food companies regarding health claims in their advertising. Iovate Health Sciences USA and Nestle S.A. subsidiary, Nestle Healthcare Nutrition, Inc., were...more

Ifrah Law’s Semi-monthly Blog Wrap-up, January 15-31

This is the first of a regular series of posts that summarize and wrap up our latest thoughts that have appeared recently on Ifrah Law’s two blogs. 1. Can Police Read a Suspect’s Text Messages Without a Warrant? What...more

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