Endorsements

News & Analysis as of

FTC Letter States Pinterest Contest Entries Are Endorsements

After investigating a contest promoting Cole Haan products on Pinterest, the FTC determined that contestants' pins were endorsements and that these endorsements failed to disclose that contestants posted the pins as part of a...more

Advertising Law

FTC Settles With ADT Over Deceptive Endorsements - Don’t believe everything you see on TV or read on the Internet – at least not from ADT Security Systems. According to an administrative complaint filed by the...more

Advertising News & Analysis - March 14, 2014

In this issue: - FTC Settlement Highlights Lead Generation "Warning Signs" - FTC (Finally) Sounds the Alarm on Endorsements - FTC Set to Review TSR…Again - What International Companies Must Know...more

Advertising Law - Feb 21, 2014

In a First, Dreft Sponsors—And Tweets About—Jonas Baby - In what appears to be the first endorsement for a celebrity baby birth, Dreft laundry detergent announced the arrival of the first born child of Kevin Jonas, the...more

Weekly Law Resume - January 2014: Insurance Coverage – Additional Insured Endorsements

Transport Insurance Company v. Superior Court of Los Angeles County - Court of Appeal, Second Appellate District (January 13, 2014)- Ambiguities in an insurance policy are normally resolved “in favor of the...more

“Operation Failed Resolution:” FTC Seeks Media Outlets’ Help to Police Deceptive Weight Loss Ads

In the wake of settlements between the FTC and four weight loss product purveyors relating to the companies’ advertising tactics, the FTC has issued updated guidance for media outlets regarding the publication of...more

New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers

New year, new resolutions. Yesterday, the FTC announced a resolution of its own: to undertake a nationwide enforcement effort to protect consumers against deceptive weight loss claims. Dubbed “Operation Failed Resolution,”...more

FTC Launches Law Enforcement Initiative Stopping Deceptive Advertising and Misleading Endorsements of Fad Weight-Loss Products

Early January 2014, Sensa and three other national marketers of fad weight-loss products settled charges raised by the FTC in an effort to stop “misleading claims for products promoting easy weight loss and slimmer bodies.”...more

California Court Addresses Superior Equities Rule

In its recent decision in San Diego Assemblers, Inc. v. Work Comp For Less Insurance Services, Inc., 2013 Cal. App. LEXIS 873 (Cal. App. 4th Dist. Oct. 4, 2013), the California Court of Appeals had occasion to consider the...more

Update on the Facebook Case Involving Alleged Misappropriation of User Likenesses

Last week the blog discussed a case called Fraley v. Facebook Inc., No. C-11-1726 (N.D. Cal. Aug. 26, 2013) which involved allegations that Facebook's "Sponsored Stories" program misappropriated the names and likenesses of...more

Rogers Towers: Authority to Endorse Note and Mortgage Not Self-Authenticating

Establishing the authority to foreclose a note and mortgage is simple when the note and mortgage are held by the original lender....more

Legal concepts every social media marketer should know: Part II -- Rules of the road for online advertising

As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more

King James rules off the court, too

Even before all of the confetti has hit the ground and the last float on the celebratory parade has rounded the final corner of Main Street in the champions’ home town, commentators are, well, commenting on the potential...more

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases...more

McAfee & Taft tIP Sheet - June 2013: When the stars align: Negotiating celebrity endorsement deals

So you’ve decided your brand could use a little shine, and you’re considering hitching your brand to a star. You are presumably a fan of the celebrity, and with a little luck, it’s mutual. Whether this is a short-term “hook...more

What You Need to Know About ISO’s New Additional Insured Endorsements

We all like “free,” right? Free samples at Costco. Jamba Juice’s buy one, get one free deals. Free wi-fi at your neighborhood Starbucks. And, if you’re in the construction industry, free insurance coverage when you’re...more

Minnesota Policyholder Scores Victory on “Insured Contract” Coverage for Direct Liability Indemnification

The Eighth Circuit Court of Appeals recently ruled that an indemnitor’s insurer was obligated to provide coverage under the “insured contract” provision of a commercial general liability (CGL) policy for the indemnitee’s own,...more

How to Read an Insurance Policy

While insurance policies may look the same in structure at first glance, each policy is unique and contains terms, conditions, and definitions that may be different from other policies. Many insurers will utilize a standard...more

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

Levick Weekly - February 8, 2013: Spotlight On OutSourcing Boeing Scrambles As Toyota Triumphs

In This Issue: - Spotlight On Outsourcing Boeing Scrambles As Toyota Triumphs - Labor Unions Seek To Stop The Bleeding - Threat Management - Handicapping The Tech Brand Wars - Sequestration - Athlete Endorsers...more

Advertising Law -- Feb 08, 2013

In This Issue: Manatt Partner Linda Goldstein Invited to Speak at ERA’s Great Ideas Summit; Lance Armstrong’s Confession Leads to Legal Action . . . Will Endorsers Follow Suit?; “Business Coaching” Defendants Settle with...more

Moving Day: Oakley’s Lawsuit Against McIlroy Highlights Challenges of Rights of First Refusal

Originally published in Sports Litigation Alert, Volume 10, Issue 1, on January 25, 2013. At the start of 2011, the sunglasses maker Oakley signed a two-year endorsement deal with Rory McIlroy. The agreement paid McIlroy...more

Corporate Law Report: U.S. Manufacturing, Social Media, Online Endorsements, Hart Scott Rodino, More [Video]

Watch our latest Corporate Law Report for: a word of caution from Pillsbury on using endorsement as part of your online advertising; enforcement predictions for 2013 from Mike Volkov; social media for global corporations from...more

Endorsement-based Advertising Subject to Law Enforcement by FTC

User endorsements are becoming a more and more popular form of "advertising" as the use of social media and user-generated content continues to increase....more

FTC Guidelines on Endorsements and Testimonials - Analysis

This article addresses issues relating to the Federal Trade Commission's recent issuance of new FTC administrative Guidelines pertaining to endorsements and testimonials, relied upon by consumers, in the course of marketing...more

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