Advertising Law -- February 16, 2012

Manatt, Phelps & Phillips, LLP
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In This Issue:

  • How Much for That Twitter Account in the Window?
  • Target Steps into a Lawsuit Over Toning Shoes
  • Will California Legalize Alcohol-Related Sweepstakes?
  • Mobile Device Privacy Subject of New Legislation
  • Negative Option Sales Defendants Settled with FTC

Excerpt from How Much for That Twitter Account in the Window?

A new lawsuit has companies wondering: Who owns a Twitter account? PhoneDog, a Web site that reviews mobile products and services, claims that it owns the rights to a Twitter account launched by a former employee.

While working as a product reviewer and video blogger for PhoneDog, Noah Kravitz signed up for a Twitter account with the handle, “@PhoneDog_Noah.” By the time Kravitz left the company, the account had more than 17,000 followers. Prior to leaving, Kravitz changed the name of the account to “@NoahKravitz.”

After freelancing for a period of time, Kravitz took a job with a PhoneDog competitor and continued to use the Twitter account.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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