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Advertising Breach of Contract

Foley & Lardner LLP

Franchisee Claims for Promissory Estoppel and Violations of the Michigan Franchise Investment Law Fail

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A recent court decision explained the circumstances under which a plaintiff may assert a claim for promissory estoppel and whether a private right of action exists for a certain alleged violation of the Michigan Franchise...more

BakerHostetler

A Celebrity Used our Product! Can we Put that in Advertising?

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Marketers understandably get excited when a celebrity is spotted using their product. It’s validation of all their efforts! Unfortunately, just because a celebrity has used the product – even if they have publicly posted...more

Lathrop GPM

Illinois Federal Court Grants Franchisor’s Motion to Dismiss Terminated Franchisee’s Fraudulent Misrepresentation and Breach of...

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A federal court in Illinois recently dismissed a former franchisee’s counterclaims for alleged fraudulent misrepresentation, breach of contract regarding the franchisor’s advertising fund, and breach of contract and implied...more

BakerHostetler

AD-ttorneys@law - January 2024

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Extra, Extra, Read All About It! We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging...more

Sheppard Mullin Richter & Hampton LLP

Scraping the Bottom of the Barrel: X Corp. Sues Bright Data Over Site Scraping

X Corp., the company formerly known as Twitter, recently sued Bright Data over its site scraping activities. Bright Data is a data collection company and advertises—among other services—its “website scraping” solutions....more

Verrill

“Many Will Enter, No One Will Win” The MyPillow® Guy’s Contest

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The phrase “Many Will Enter, Few Will Win” is often used to comply with CARU’s guidelines for contests directed to children. It’s meant to make it easier for kids to understand that they really don’t have a good shot at...more

BakerHostetler

AD-ttorneys@law - October 2022

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Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more

Kelley Drye & Warren LLP

Chelsea Handler Sues ThirdLove Over Endorsement Deal

Last week, Chelsea Handler filed a lawsuit against ThirdLove, alleging that the lingerie company failed to honor its contractual commitments to her and refused to compensate her for an advertising campaign it had hired her to...more

Dunlap Bennett & Ludwig PLLC

Online Branding: The Risky Side of Giving (or not)

Perhaps a bit cliché (?), but knowledge really is the ultimate gift that gives back – hands down. Consider this thinking in the context of exercise equipment (and media) company Peloton and its now infamous and controversial...more

Katten Muchin Rosenman LLP

Do Not Pass 'Go': How a Board Game Decision Is Applicable to Idea Theft Disputes in the Advertising Industry - Kattison Avenue |...

At first blush, the recent lawsuit filed by a toy inventor against toy and game company, Hasbro, would seem to have little to do with the advertising industry. In fact, however, the decision by the Southern District of New...more

BakerHostetler

AD-ttorneys@law - April 2022 #2

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We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more

Dorsey & Whitney LLP

What’s in a Name? Influencer Trademark Name Disputes Provide Lessons for the New Year on Clarity in Agreements

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Many industries were negatively impacted by the pandemic in 2020, but one industry that continues to grow is the influencer marketing industry. The influencer marketing model typically involves agreements between companies...more

Kelley Drye & Warren LLP

Colgate-Palmolive Must Sweat Out Limited Claims in Deodorant False Advertising Case

In Huskey v. Colgate-Palmolive Company, No. 4:19-cv-02710-JAR (E.D. Mo.), plaintiffs Drew Huskey and Jamie Richard (Plaintiffs) claimed that Colgate-Palmolive Company (Colgate) falsely advertised that its Speed Stick...more

Proskauer - Advertising Law

Burger King Wins “Whopper” of a Case: Federal Court Finds No Promise of Method of Preparation in Advertisements for Meatless...

Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more

Morgan Lewis - Well Done

Burger King Has Its Way: Vegan Whopper Class Action Suit Dismissed

In an order issued on July 20, Judge Raag Singhal of the US District Court for the Southern District of Florida dismissed a class action lawsuit that claimed Burger King Corporation’s advertising deceived customers by making...more

Amundsen Davis LLC

Change In Missouri Merchandising Practices Act To Protect Home Builders

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Relief from the burdens and threat of litigation from plaintiffs’ attorneys under the Missouri Merchandising Practices Act (MMPA) will take effect on August 28, 2020. The MMPA, set out in Chapter 407RSMo., is intended to...more

Fox Rothschild LLP

Judge Andrews Grants Defendants’ Motion For Summary Judgment On Plaintiffs’ Claims Of False Advertising

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By Memorandum Opinion entered by The Honorable Richard G. Andrews in Halosil Int’l, Inc. et al. v. Eco-Evolutions, Inc. et al., Civil Action No. 18-1375-RGA (D.Del. July 14, 2020), the Court granted Defendants’ Motion for...more

Manatt, Phelps & Phillips, LLP

Pepsi Scores Dismissal Of Copyright Dispute Over Super Bowl Ad

An advertising agency lost its attempt to bring copyright infringement and breach of contract claims against Pepsi after the beverage giant rejected its Super Bowl ad pitch....more

Manatt, Phelps & Phillips, LLP

Court Holds Delta’s Privacy Policy Isn’t a Contract

Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a...more

Dorsey & Whitney LLP

Fiji Water Splashes Back After Getting Sued For Posting a Meme

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Last week, we blogged about Fiji Water being sued for posting a meme of the Fiji Water Girl and using cardboard cutouts of her image in advertising. Well, Fiji Water is splashing back – They filed a cross-complaint alleging...more

Pillsbury - Policyholder Pulse blog

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...more

Lewitt Hackman

FRANCHISOR 101: Finger Lickin’ Restrictions

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Franchise agreements give franchisors nearly absolute, unfettered discretion to control advertising of their brands. Franchisors need not regard prior course of dealings with franchisees. An Illinois federal court dismissed a...more

Troutman Pepper

Federal Court Reinforces That Franchisors Should Control Advertising to Ensure Uniformity

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An Illinois federal judge recently found that a franchisor has the absolute right to control its franchisees’ advertising of the products and services offered under a franchise. Lokhandwala v. KFC Corp., No. 17-cv-6394 (N.D....more

BCLP

EU Retail News - November 2017

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From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

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