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NY Attorney General Announces Infomercial Settlements

This week, the New York Attorney General announced that it had settled investigations with two companies for deceptive sales practices related to infomercials. ?One company agreed to pay $700,000 to settle the investigation...more

Manatt Digital - July 2016

A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our...more

Ninth Circuit Upholds Cities' Regulation of Mobile Billboards

Municipal ordinances prohibiting mobile billboard advertising were recently upheld by a federal appeals court. The U.S. Ninth Circuit Court of Appeals found that the ordinances withstood First Amendment scrutiny as...more

WNBA looks to spark interest — in league and apparel

When NBA Commissioner Adam Silver admitted that, 20 years after its creation, the WNBA is not where it was expected to be by now, he drew attention to the issues faced by women’s sports marketers in their efforts to move on...more

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more

#Trademarks?: Hashtags as Trademarks Revisited

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

Facebook and HIPAA: Strange Bedfellows

As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile...more

New interaction matrix for retailers and food product suppliers elaborated

On 3 July 2016 Federal Law No. 273-FZ was adopted, which requires retailers and food product suppliers to review existing contractual relationships and to choose new legal forms for their interaction. The major amendments...more

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

Warner Bros.’s “Paid to Play” Disclosures Draw FTC Action

Earlier this year, the Federal Trade Commission (FTC) went after Warner Bros. Home Entertainment Inc. for not clearly representing that several digital influencers were paid as part of a marketing campaign for the video game...more

Grab the Rings and Go For the Gold, At Your Own Risk

The 2016 Summer Olympic Games are about one month away, and as athletes are getting ready to compete for medals, companies are getting ready to compete for consumers. Many marketers think that including Olympics-related...more

Seventh Circuit Cuts Through First Amendment Forum Jargon and Issues Robust Defense of Free Expression

Like many cities across the country, Fort Wayne, Indiana raises money through advertisements that it sells on the inside and outside of the buses it operates. And like many cities, Fort Wayne has a number of regulations on...more

InMobi to Pay $950,000 to Settle FTC Charges that it Secretly Tracked Phone Users

The Federal Trade Commission (“FTC”) announced that InMobi, a Singapore-based mobile advertising company whose products are used by many Android and iOS app makers to deliver advertisements to consumers, will pay $950,000 in...more

US regulators take aim at native advertising

A relatively new form of advertising that has drawn the attention of regulators is “native advertising” – paid media fashioned to mimic the look and feel of the news reports, feature stories, product and entertainment...more

In Limine Gag Orders – Can We Play, Too?

Lately, we’ve seen some plaintiffs add gag order requests to their complement of in limine motions in advance of significant trials. Those of us who participated in the Bone Screw litigation remember plaintiffs attempting –...more

Cybersecurity News and Notes: June 2016 #4

In Case You Missed It - The FTC settled with mobile advertising company InMobi for $950,000 in civil penalties, along with the implementation of a privacy program, based on the FTC’s charges that InMobi impermissibly...more

Alert: FTC Settles First Enforcement Action Against Mobile Advertising Company

On June 22, the Federal Trade Commission ("FTC") announced that it would settle its first-ever enforcement action against a mobile advertising company, InMobi. InMobi agreed, subject to court approval of the settlement, to...more

Mobile Advertising Company Settles FTC Charges It Tracked Consumers’ Locations Without Permission

InMobi, a Singapore-based mobile advertising company that allegedly tracked the locations of hundreds of millions of consumers – including children – without consent, will pay $950,000 in civil penalties and implement a...more

Going Geo-Loco: FTC Settles with Mobile Ad Network over Geolocation Collection

The FTC announced a settlement on Wednesday with mobile advertising company, InMobi Pte Ltd., concerning allegations that the company deceptively tracked the geolocation of hundreds of millions of unknowing consumers,...more

When Do "Made in USA" Claims Spark the FTC's Attention?

The Federal Trade Commission (FTC) is tasked with preventing deception and unfairness in the marketplace, including with respect to advertising. One type of deception that the FTC targets involves false claims in advertising...more

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

Practice Pointers on Navigating the Securities Act’s Prohibition on General Solicitation and General Advertising

The Jumpstart Our Business Startups Act (the “JOBS Act”) included a measure directing the Securities and Exchange Commission (the “SEC” or “Commission”) to relax the prohibition against general solicitation and general...more

Pending Legislation Would Streamline Regulation of Private Equity

On June 16, 2016, the House Financial Services Committee approved the Investment Advisers Modernization Act of 2016 (H.R. 5424) as part of a package of several economic growth bills. The bill passed with a vote of 47-12 and...more

Look-For Advertising Sans the Clunky Words

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as...more

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