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City Ordinance Banning New Outdoor Billboards, but Authorizing Relocated Ones, Upheld by California Court

Authorizing Relocated Ones Upheld by Court; Constitutional Challenges Rejected; Injunction Order to Remove Billboard Affirmed - The City of Corona has prevailed in a constitutional challenge to its enforcement of a...more

Super Bowl Ads, and More Super Bowl Ads?

What is a Super Bowl ad? Typically a Super Bowl ad refers to the ad of a brand that has paid lots of money to air its ad on network television during the Super Bowl, a/k/a The Big Game....more

Do the Restrictions on Advertising with Nutrition and Health Claims also Apply to Communications Addressed Exclusively to Health...

The Court of Justice of the European Union (ECJ) will soon decide on the issue of whether the restrictions on promoting foodstuffs with nutrition and health claims also apply to communications addressed exclusively to health...more

Berkeley students sue Google for mining emails for ads through Apps for Education

Four students attending the University of California, Berkeley, sued Google last week alleging that it violated the Electronic Communications Privacy Act by scanning and mining their emails in order to create advertising...more

St. Louis Rams’ Relocation to Los Angeles Sets Stage for Colossal Stadium Naming Rights Agreement

On Tuesday, January 12, the NFL owners voted 30–2 to formally approve the relocation of the St. Louis Rams to Los Angeles, which concluded a hostile, multiple-year-long review process that ultimately deprives the city of St....more

Kohl’s Kicks Putative Class Action Suit Alleging Deceptive Sale Prices

On February 1, 2016, the U.S. District Court for the District of Massachusetts dismissed a consumer class action alleging that Kohl’s Department Stores advertises false sale prices. The plaintiff in Mulder v. Kohl’s...more

Online Targeted Advertisements are Not Sufficient to Establish Personal Jurisdiction in Wisconsin

Almost every business today has a website, which can be accessed by anyone in the world with an Internet connection. If the business provides for targeted advertising on its website, based upon the location of the person who...more

Negative Look-For Advertising Statements

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as...more

Public display of English trademarks in Québec: The saga continues

On April 9, 2014, the Honorable Michel Yergeau of the Superior Court of Québec rendered a much-awaited judgment on the controversial issue of trademark displays in a language other than French....more

North Carolina ABC Regulations Affecting Retail and Advertising Under Review

The North Carolina ABC Commission is conducting a review of the ABC regulations in Chapter 15B (formerly 2S). The regulations under review primarily affect restaurants, bars, private clubs, and other retail establishments...more

Two Similar Ads: Law Firm vs. Coffee Maker.

Is imitation “the sincerest form of flattery?” “There are no new ideas...” I get that. But I did a double-take after seeing this ad in Wired magazine’s November 2015 issue. We developed this same idea a couple years...more

Data Analytics Week – Part V: Bribes on the Other Side of the Ledger and Best Practices Going Forward

I end my review of the types of data analysis that can be used to help detect or prevent bribery through the case studies from Joe Oringel, co-founder and Managing Director of Visual Risk IQ, a firm that helps audit and...more

Children's Products: An Overview of Advertising Laws and Regulations

Like all businesses, manufacturers and retailers of children's products must comply with advertising laws and regulations. Advertising laws protect consumers by requiring advertisers to be truthful about their products....more

Artist Sues Starbucks Claiming Copyright Infringement

New York artist Maya Hayuk was approached by an advertising agency working for Starbucks, to see if she would assist them with a proposed advertising campaign. Ms. Hayuk is known internationally for her paintings using bold...more

Advertising Law - January 2016 #2

Battle Over Legality of Daily Fantasy Sports Sites Continues - It may be a new year, but the battle over the legality of the FanDuel and DraftKings daily fantasy sports sites continues. New York Attorney General...more

The “Poo” People Use: Who Owns Emojis

Emojis – those cute images you may find in a keyboard on your Android or iPhone device – have changed the way many people communicate thoughts, ideas, feelings and concepts. They can add a certain level of pizzazz to an...more

The Paradox of Illumination

I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally. Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and...more

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

Louisiana Court Holds Knowing Violation of Rights Exclusion Inapplicable

In its recent decision in Krispy Krunchy Foods, LLC v. AMA Disc., Inc., 2016 U.S. Dist. LEXIS 3499 (E.D. La. Jan. 12, 2016), the United States District Court for the Eastern District of Louisiana had occasion to consider the...more

Ninth Circuit Opens the Door to Relaxing Decades-Old Law Restricting Supplier-Paid Advertising in Retail Establishments

In a decision released on January 7, 2016, Retail Digital Network LLC v. Jacob Appelsmith, the U. S. Court of Appeals for the Ninth Circuit overturned 29-year-old precedent set in Actmedia Inc. v. Stroh, which held that those...more

CFPB using Google ads to solicit consumer complaints

In an effort to publicize its online complaint system and bring in more complaints, the CFPB is now soliciting complaints through Internet advertising. When browsing the Internet recently, we came across the following...more

Ninth Circuit Opinion Calls into Question Constitutionality of California Tied-House Laws

On January 7, 2016, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Retail Digital Network, LLC v. Appelsmith, overruling longstanding Ninth Circuit precedent concerning the legality of certain...more

Recent SEC Actions Highlight Adviser Responsibilities With Respect to Performance Advertising

In a series of recent administrative proceedings, the Securities and Exchange Commission (the “SEC”) has clarified its expectations regarding the use of performance data in investment adviser advertisements. Specifically,...more

Navigating Native Advertising

The FTC recently released two new guidance documents: Enforcement Policy Statement on Deceptively Formatted Advertisements and Native Advertising: A Guide for Businesses. The Policy Statement seeks to address the broad area...more

New Year’s Resolution for a BRAND New Year

A new year is upon us, and we suggest that trademark owners make it a brand new year, by resolving to use their marks correctly going forward. Proper trademark use is important to creating and maintaining trademark rights,...more

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