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NCAA appeals district court decision in O’Bannon v. NCAA

On November 14, 2014, the National Collegiate Athletic Association (“NCAA”) filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as...more

Celebrity Endorsements, Online Poker and the FTC

Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on...more

FRANCE: Broadcasting rights relating Top 14 rugby games are premium rights that must be allocated to Pay TV channels according to...

On January 14, 2014, the Ligue Nationale de Rugby (the French Rugby League or “LNR”) and French premium cable television channel Canal+ entered into an agreement whereby the latter was granted exclusive rights to broadcast...more

Advertising Law - October 2014 #4

Red Bull’s $13M False Ad Deal Crashes Site - Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more

No Harm, No Foul in Apple E-Book Notice Screw Up

In mid-September, class notices went out in the ongoing Apple E-books class action lawsuit that might have momentarily had Apple’s attorneys a little concerned. Over three million potential members of the class received...more

Australia: Money for nothing and bets for free – ACCC files legal proceedings against Bet365

The Australian Competition and Consumer Commission (ACCC) has filed proceedings in the Federal Court alleging that the advertising campaign conducted by companies within the Bet365 Group (Bet365) which offered ‘free bets’ and...more

District Court Denies Summary Judgment in Broadcast Rights Class Action

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these...more

Sweepstakes and Contests: What You Need to Know

The value of reaching an audience and potential new customers using social media continues to grow exponentially every year. Savvy corporations are continually looking to exploit and capitalize upon the information that can...more

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...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

The FTC Continues Its Focus on the Mobile Arena

The Federal Trade Commission has recently focused its consumer protection efforts on the mobile arena, and particularly video game companies operating in that arena. Early last year, the FTC issued several staff...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

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

OFT Principles for Online and In-App Games Now in Force

On 1 April, the OFT’s principles for online and in-app games came into force. The principles aim to ensure that consumers are made aware of in-game costs before downloading the application in question, with a view to stopping...more

Antitrust Claims Against SESAC Copyright Licenses Permitted To Proceed

Performing rights organizations (PROs) are entities that issue licenses to, and collect royalties from, television stations and other parties who wish to perform or dylanbroadcast copyrighted musical compositions. There are...more

Advertising Law - Feb 21, 2014

In a First, Dreft Sponsors—And Tweets About—Jonas Baby - In what appears to be the first endorsement for a celebrity baby birth, Dreft laundry detergent announced the arrival of the first born child of Kevin Jonas, the...more

EU Commission to investigate cross-border pay-TV movie services – a new Murphy’s law?

Executive summary - The European Commission has commenced antitrust proceedings against several prominent European pay-TV service providers and major U.S. film studios including Sony Pictures Entertainment,...more

Top questions fashion brands should consider before conducting social media marketing

Facebook, Twitter, Pinterest, Instagram…the list of social media tools for the promotion of your fashion brand is ever increasing. While social media is an effective and immediate way to reach your customers, there are some...more

ACCC raises concern over conduct in the mobile app industry

The Australian Competition and Consumer Commission (ACCC) has this week expressed the need for industry guidance to ensure greater consumer protection by the “app” games industry....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

All-in September (Global)

Overview of the top gambling regulatory developments in September. BULGARIA - Following Bulgaria’s publication of a blacklist of operators illegally targeting the jurisdiction in June 2013, the country issued...more

UK: OFT publishes results of freemium study

The UK’s consumer watchdog, the Office of Fair Trading, has published the results of its consultation into the business practices of games providers, with a particular focus on the relationship between such products and the...more

Advertising Law -- Sep 12, 2013

Actress Claims Sponsorship Deal Soured Over “#spon” - Did the use of a hashtag cause Sensa Products, a weight loss company, to commit fraud and to breach its contract with celebrity endorser and Academy Award-winning...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

Celebrity Endorsements: A Measured Return on Investment

A universally accepted objective of brand marketing is to become aligned with a well-respected, credible and complementary brand with sufficient notoriety to positively influence consumer spending. In recent times,...more

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