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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

ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

Advertising News & Analysis - March 27, 2014

In this issue: - FTC Seeks Comment on Fair Packaging and Labeling Act Rules - Ink Still Drying on Supreme Court's Lexmark Decision - FTC says Weak Disclosures? Special Effects, Too? Nissan's on the Dark...more

Supreme Court Creates New Standing Test For Asserting False Action Claim Under Lanham Act

On March 25, 2014, the Supreme Court issued a unanimous opinion, authored by Justice Scalia, in Lexmark International, Inc. v. Static Control Components, Inc. In a previous post, I discussed my involvement in this case at...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

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 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 News & Analysis - February 6, 2014

In this issue: - Announcement - Avoid Brand Fumbles When Marketing During Championships - It Always Pays to Disclose Connections - Caution is the Name of the Game When a Claim is a Brand...more

Ten Legal Practice Tips: Developing and Distributing Apps

Apps likely contain several elements of intellectual property. Protect copyrights, patents and trade secrets as you would in other software projects (employee and contractor agreements, copyright registrations, trademark...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

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 News & Analysis - January 9, 2014

In this issue: - Will Consumers, or Plaintiffs, Cheer GMO-Free Cheerios? - "Patent Troll" Reform Bills Moving through Congress - Holiday Discounts: When Pricing Laws Attack - CFPB Examines...more

Antitrust Authority blocks 122 websites selling counterfeited watches

The Italian Antitrust Authority (Agcm) blocked access in the Italian territory to 122 websites, managed through servers located in Malaysia and registered by foreign entities...more

Advertising Law -- Dec 16, 2013

SPECIAL FOCUS: FTC Workshop on Native Advertising – The “Blurred Lines” Remain Fuzzy - The increased prevalence of online native advertising – commercial content designed with the look and feel of editorial comment –...more

Italian Online Copyright Protection… Here we go with the AGCOM Regulation!

After a long consultation process, the Italian Communications Authority (AGCOM) published the long awaited regulations on the protection of copyright on the Internet and media, which among other things provide for a notice...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

Capital Thinking: Technology and Communications

Senate Commerce Committee Holds Hearing On Patent Demand Letters - Last Thursday, November 7, the Senate Commerce, Science, and Transportation Committee held a hearing titled “Demand Letters and Consumer Protection:...more

The Class Action Chronicle - Fall 2013

This is the inaugural edition of The Class Action Chronicle, a quarterly publication that will provide analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

"FTC Seeks Comment on Collection of Information Relating to Patent Assertion Entities"

On September 27, 2013, the Federal Trade Commission announced that the four sitting Commissioners voted unanimously to seek public comments on a proposal to gather information to examine how patent assertion entities (PAEs)...more

Capital Thinking: Technology & Communications

Legislative Activity - Senate Commerce Committee Evaluates FCC And FTC Nominees - The Senate Committee on Commerce, Science and Transportation held a hearing on Wednesday, September 18 to consider the...more

California, the FTC, & Made in the USA Claims

Demi Lovato’s hit song “Made in the USA” recounts how her love for her boyfriend is both amazing and patriotic. If they had fallen in love in Paris or Acapulco, however, she may be facing an enforcement action by the FTC or...more

Russian Legislation Update - July 29 through September 1 2013

In This Issue: - Securities - Banking - Currency Control - Intellectual Property - Concessions - State Secrets - Privatization - Advertising - Court Practice: Company’s address of...more

ITC Section 337 Update—September 10, 2013

- Jury Finds That Motorola Breached FRAND Obligations By Offering Microsoft A License At An Unreasonable Royalty Rate – On September 4, 2013, a Jury in the United States District Court for the Western District of Washington...more

Latest Developments On Injunctive Relief For Infringement Of FRAND Encumbered SEPs

This memorandum is directed to the current state of the case law in the U.S. International Trade Commission (ITC or “Commission”), the U.S. Federal Trade Commission (FTC) and the U.S. District Courts for parties seeking to...more

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