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Three Point Shot - June 2014

Federal Circuit Leaves Cobra Golf Co. in the Rough - It's dormie. On Eighteen. You're in great shape, having hit a solid drive, leaving yourself a fairway lie and a mid-iron into a back-right Sunday pin. Feeling good...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

TCPA Plaintiffs Take Aim at the Sports World

Virtually every customer-facing industry has faced TCPA class actions and sports franchises are no exception. In the past few months, both the Los Angeles Clippers and the Buffalo Bills have settled TCPA suits that relate to...more

New Canadian Anti-Spam Compliance and Enforcement Guidelines

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued new Compliance and Enforcement Guidelines for Canada’s Anti-Spam Legislation (CASL) which will come into force in stages beginning July 1,...more

Fraudulent sweepstakes: What can we do?

Nearly every year, complaints about sweepstakes crop up among the top 10 complaints received by the Federal Trade Commission. Recently I received a call from a number which I did not recognize. The woman on the line...more

Sports, Media and Entertainment Intelligence - June 2014 (Global)

CONSUMER AND DATA PROTECTION - Italy: New rules on cookies and Internet profiling! - The Italian Data Protection Authority has issued its decision on the “simplified information notice and cookie consent”"....more

Advertising Law - May 2014

Schwarzenegger Sues Over Publicity Rights - The Governator has filed a $10 million suit alleging that Nevada-based Arnold Nutrition Group “brazenly stole[] and exploited” his likeness to market its products in...more

And You Thought Your Teenager’s Cell Phone Bill Was High…NFL Team’s Texts Cost $3 Million

Fans everywhere like to complain about their team’s picks in the NFL draft. Maybe their team drafted a quarterback instead of a cornerback, or maybe it fell for that highly overrated prospect. Most such complaints stay safely...more

Advertising News & Analysis - May 2014

In this issue: - The Rulings the FTC Won't Forget (and Neither Should You) - $6 Million Reasons to Regret That Tweet - Hold the Phone: FCC, Courts Bring Some Clarity to TCPA - FTC, CFPB Tag Team...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

Food and Hospitality Bites

In This Issue: - LANDLORDS AND LICENSED PREMISES - THE DEVELOPMENT OF THE LATE NIGHT LEVY - THE NEW FOOD INFORMATION REGULATIONS - “PARNUTS” – NEW RULES FOR FOOD FOR PARTICULAR NUTRITIONAL USES - THE WORLD CUP...more

GB: Gambling Protections and Controls document published

On 30 April 2014, the Government published its Gambling Protections and Controls document which details the statutory measures it intends to take in relation to a number of gambling related issues....more

UK: Committees of Advertising Practice launch review of gambling advertising

The Committees of Advertising Practice (CAP), the body that writes and maintain the UK Advertising Codes, has instigated a review of the the latest evidence underpinning the gambling advertising rules to ensure that consumers...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

Amendments to the Licence Conditions and Codes of Practice (LCCP)

The Gambling Commission has recently published part one of three publications detailing the changes to be introduced to the LCCP to coincide with the new point of consumption regime in Great Britain. Parts two and three are...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

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

UK: Advertising watchdog publishes guidance to the gambling industry

The UK’s advertising regulator has published a new Help Note on the rules for gambling advertisements to assist the industry to be responsible and to ensure that children, as well as vulnerable people, are protected....more

Fashion, global e-commerce and harmonized legislation

We discussed fashion and online retail and the new related legal issues. When a fashion company decides to approach e-commerce, it is likely that it will deal with different jurisdictions, taking into account, for...more

ASA Adjudication on Club Website Ltd

The Advertising Standard Authority (“ASA”)’s January decision in respect of “Club Website Limited” demonstrates a continuation of its approach to protecting children from being influenced by gambling advertising....more

German Federal High Court underlines the legality of a linkage between a consumer’s purchase and his/her participation in a raffle...

According to its press release, the German Federal High Court (“BGH”) decided on 12 December 2013 (1 ZR 192/12) that Haribo was allowed to advertise raffles in which only customers who bought specific products were allowed to...more

Australia: South Australian Premier agrees to remove “Gambling starts with Games” advertisements

In its latest step to reduce the perceived harm that might be inflicted on children by simulated gambling, the South Australian Government has commenced an advertising campaign, featuring a billboard with an image of a young...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

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