News & Analysis as of

False Advertising Name and Likeness

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024 #4

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The U.S. Supreme Court on Monday declined to hear an appeal by U.S. Soccer, leaving it to face an antitrust lawsuit that could open up the United States to official soccer matches involving foreign clubs....more

Cozen O'Connor

The State AG Report – 2.1.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AGs Don’t Like NCAA’s Name-Image-Likeness Restrictions- ...more

Sheppard Mullin Richter & Hampton LLP

FDIC and CFPB Take Action to Protect Against Misrepresentations about FDIC Insured Status and Misuse of Name and Logo

On May 17, the FDIC and the CFPB took parallel actions to combat the misuse of  the name or logo of the FDIC and deceptive representations about deposit insurance.  The FDIC approved a final rule implementing its statutory...more

BakerHostetler

AD-ttorneys@law – October 2021 #2

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Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more

Manatt, Phelps & Phillips, LLP

Models’ False Ad Suit Against Strip Clubs Moves Forward

A Connecticut federal court refused to dismiss Lanham Act false advertising claims filed by a group of models against two strip clubs that used their images without permission....more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

Dorsey & Whitney LLP

Forever 21 and Ariana Grande “Face-Off” Over Lookalike Images

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Ariana Grande, identified in a recent complaint filed in federal court as an “internationally renowned singer, songwriter and actress,” is challenging struggling retailer Forever 21’s use of images that allegedly mimic Ms....more

Smart & Biggar

Celebrities, personality rights and privacy: what marketers need to know about permission

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William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

BakerHostetler

AD-ttorneys@law

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Consumer David Greenstein is pursuing excessive slack-fill claims against the producer of popular puffed rice and corn snack food Pirate’s Booty. Greenstein, who is representing himself in the lawsuit, claims to have...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 2 - Lanham Act False Advertising

Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)...more

Sheppard Mullin Richter & Hampton LLP

#ShowMeTheMoney: Sofia Vergara’s Settlement of Social Media False Endorsement Lawsuit Highlights Modern Legal Issue

Last month, Sofia Vergara, star of ABC’s Modern Family, reached a settlement in a lawsuit brought by the actress against beauty company Venus Concept for alleged improper use of her likeness on television and in social media,...more

Orrick - Trade Secrets Group

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2016 #2

VW Will Pay $14.7B in Largest FTC False Ad Suit - Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

McDermott Will & Emery

What Does It Take to Trademark Your Name? - Tartell, M.D. v. South Florida Sinus and Allergy Center, Inc., et al.

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Addressing the question of when a professional name can be protected as a trademark, the U.S. Court of Appeals for the Eleventh Circuit found that the plaintiff doctor’s name had not acquired that distinction. Tartell, M.D....more

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