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Advertising Law - July 2014 #2

Ninth Circuit Finds No TCPA Vicarious Liability for Taco Bell for Texts Sent By Franchisee - On July 2, 2014, the Ninth Circuit issued an unpublished decision in Thomas v. Taco Bell Corp. that is certain to give heart...more

Advertising Law - June 2014 #4

Don’t Forget: FTC Settlement Over Memory Claims - The marketers of the BrainStrong dietary supplement – which claimed to improve adult memory and prevent cognitive decline – reached a settlement with the Federal Trade...more

Supreme Court Paves The Way For Lanham Act Claims Against FDA-Regulated Competitors

The Supreme Court issued a unanimous decision last week in Pom Wonderful LLC v. Coca-Cola Co., a case pitting the false advertising provisions of the Lanham Act against the beverage labeling standards of the federal Food Drug...more

Socially Aware - Volume 5, Issue 3 - May 2014

In This Issue: - Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law? - Which Way Is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case - The...more

Update on Anti-Patent-Troll Laws

Yesterday draft “anti-patent-troll” legislation was put forward in Washington. This is part of a ground swell of opposition to illegitimate patent demand letters from so-called patent assertion entities (PAEs), or “patent...more

Advertising Law

NAD Decision Offers Reminder About Use of Before and After Pictures - “Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more

Advertising Law

SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs - On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...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

Advertising Law

FDA “Dislikes” Drug Company’s Facebook Page - Switzerland-based IBSA Institut Biochimique SA recently got a thumbs-down from the Food and Drug Administration over a Facebook ad for its hypothyroidism drug, Tirosint,...more

Advertising Law - Feb 13, 2014

FTC Drives Car-Related False Ad Suit to Settlement - The Federal Trade Commission recently settled charges with Nissan North America and its advertising agency over deceptive advertising for the Nissan Frontier pickup...more

Advertising Law -- Jan 16, 2014

FTC Makes New Year’s Resolution to Target Deceptive Weight-Loss Claims - While many Americans made New Year’s resolutions to lose weight or get in better shape, the Federal Trade Commission resolved to eliminate...more

Advertising Law -- Dec 06, 2013

FTC Settles With Mobile Crammers - In the Federal Trade Commission’s first lawsuit over mobile cramming, Wise Media and two individual defendants agreed to a permanent ban on placing unauthorized charges on telephone...more

Obama Administration and Congress Taking Aim at Patent Enforcement Tactics

The subject of patent assertion entities ("patent trolls") has received a lot of attention in recent weeks. The federal government is now taking action on numerous measures to combat the persistence of these patent trolls....more

Advertising Law -- Jul 19, 2013

California AG Reports on Data Breaches - In a new report, California Attorney General Kamala Harris revealed that 2.5 million state residents were the victims of a data breach in 2012, with the average breach...more

Bloomberg Law: Actavis Court Requires Case-by-Case Analysis of Anticompetitive Effects of Reverse-Payment Settlements

This article analyzes the US Supreme Court's recent antitrust decision in FTC v. Actavis, which held that that courts should apply the rule of reason in analyzing reverse-payment settlements. ...more

Advertising Law -- May 16, 2013

In This Issue: Linda Goldstein to Provide Insight on FTC’s Dot Com Dislosure Guidance at Upcoming Bloomberg BNA Webinar; “All Natural” False Ad Suits Continue, Stalled; Wake Up! FDA Considers Caffeinated Foods;...more

New EU Counterfeit Goods Regulation

On 24 January 2013, the Internal Market and Consumer Protection committee of the European Parliament endorsed a new Regulation 5129/2013/EC setting out customs procedures for goods suspected of infringing intellectual...more

FTC Guidelines on Endorsements and Testimonials- Regulation of Advertising

I. FTC REGULATION OF ADVERTISING. Under Section 5 of the Federal Trade Commission Act, the Commission has broad authority to prohibit "unfair or deceptive acts or practices" in interstate commerce. 15 U.S.C. § 45. This is...more

It's Our Name - Live With It

A networking distributor cannot help but being blurry-eyed as he or she reads through the dense language of the policies and procedures and contractual agreements of a network marketing company. Such agreements are a close...more

Advertising Law -- March 14, 2012

In This Issue: *Manatt Partners Christopher Cole and Edward Glynn Invited to Speak at ABA Section of Antitrust Law Spring Meeting *Battle Over “Coach” Needs a Ref *The FTC’s Top 10 . . . Complaints, That Is *Fight...more

PME : comment lutter efficacement contre les contrefaçons

Présentation lors du colloque de l'Union des Fabricants. Propositions pour faciliter la lutte contre la contrefaçon subie par une PME...more

FTC Considers Updating Online Advertising Guide

The Federal Trade Commission announced on May 25, 2011 that it is considering updting and reissing its Online Avertising Guide known as "Dot Com Disclosures" issued in 2000 to provide guidance to businesses about how FTC law...more

Volume 6 Issue 3 Winter 2011

SEATTLE--University of Washington School of Law today published the Winter 2011 issue of the new Washington Journal of Law, Technology & Arts, the nation’s first student-run electronic law journal focusing on technology,...more

Bully for Who? Thoughts on "trademark bullying" - Intellectual Property Magazine

The U.S. PTO has asked for commentary from the public about a hazily defined concept -- "trademark bullying." But we know what they mean. ...more

GEOGRAPHICAL INDICATIONS - Much Expectation yet No Law in Sight for Kenya

Geographical Indications is a subject that has gained a lot of prominence in the recent times, particularly within the World Trade Organization (WTO). This article looks at what is happening in Kenya in regard to this...more

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