Advertising Law -- June 27, 2012


In This Issue:

Imitation a Precursor to Litigation, Not a Form of Flattery for Band; Will the 9th Circuit Reverse Approval for Kellogg’s Mini-Wheats Settlement?; New Jersey Alleges App Developer Violated COPPA; Sonic’s Burrito Offer Needed Better Disclosures, NAD Says; and Just Filed: New False Advertising Suits Against Costco, Estee Lauder.

Excerpt from Imitation a Precursor to Litigation, Not a Form of Flattery for Band

The band Beach House is considering legal action against Volkswagen after the car maker repeatedly sought permission to use one of its songs in an ad and then, after the band refused, reportedly commissioned a “soundalike” song for the commercial.

The commercial, which aired in Britain, features moments from a father and daughter’s relationship as she grows up, including scenes where the father is changing diapers, applying sunscreen, and revealing the gift of a Volkswagen. Beach House, a Baltimore-based duo, refused Volkswagen’s multiple requests to use the band’s 2010 song “Take Care” in the ad.

Please see full issue below for more information.

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