California Readies for Statewide Extended Producer Responsibility for Pharma Waste -
The sale of needles (sharps) and pharmaceutical drugs in California is estimated to be on the order of $50 billion per year. Significant...more
4/10/2019
/ Americans with Disabilities Act (ADA) ,
California Consumer Privacy Act (CCPA) ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hazardous Substances ,
Lanham Act ,
Medical Examinations ,
Personally Identifiable Information ,
Pharmaceutical Industry ,
Popular ,
Retailers ,
Song-Beverly Credit Card Act ,
Waste ,
Waste Disposal
A new decision from a Texas federal court sounds a cautionary note for retailers about the potential for liability based on claims made on items sold in their stores....more
A California federal court recently granted partial summary judgment in favor of In-N-Out Burger on a Lanham Act claim against Smashburger, ruling that one of the challenged advertising claims was literally false....more
The honey badger is having another round of fame, thanks to a new Lanham Act opinion from the U.S. Court of Appeals, Ninth Circuit.
In January 2011, Christopher Gordon posted a video on YouTube titled “The Crazy Nastyass...more
U.K. to Ban Gender Stereotypes in Ads -
Gender stereotypes in advertising will be banned as a result of new guidelines that will be promulgated by the main advertising regulators in the United Kingdom and go into effect in...more
Twitter Working to Limit Fake Stories, Accounts -
In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading,...more
7/24/2017
/ Advertising ,
Disparagement ,
First Amendment ,
Higher Education Act ,
Lanham Act ,
Logging ,
Matal v Tam ,
Native American Issues ,
Redskins ,
Social Media ,
Trademark Trial and Appeal Board ,
Trademarks ,
Twitter
Kanye's Promise of Exclusivity a Siren Song, Suit Says -
Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more
5/7/2016
/ Advertising ,
Data Breach ,
Disparagement ,
Exclusivity Clauses ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Free Speech ,
Lanham Act ,
Misleading Statements ,
Music Streaming ,
PF Chang's ,
Preemption ,
SCOTUS ,
Standing ,
Trademark Registration ,
Trademarks ,
Unfair Competition
SPECIAL FOCUS: Lord & Taylor Settles With FTC for Not Disclosing Native Ads -
Less than three months after the Federal Trade Commission issued its December 2015 Policy Statement and Business Guide on native advertising...more
SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation -
For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act...more
5/30/2015
/ Attorney's Fees ,
Celebrity Endorsements ,
Cybersecurity ,
Data Security ,
eBay ,
Exceptional Case ,
Federal Trade Commission (FTC) ,
Lanham Act ,
Legislative Agendas ,
Octane Fitness v. ICON ,
Patent Litigation ,
Patents ,
Retailers ,
SCOTUS ,
Song-Beverly Credit Card Act ,
ZIP Codes
SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” -
In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false...more
1/15/2015
/ Advertising ,
Cramming ,
Data Brokers ,
Eastman Chemical ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Gerber ,
Lanham Act ,
Manufacturers ,
Marketing ,
Scientific Speech ,
T-Mobile
Permanent Ban From Prize Promotion Business After Sweepstakes Scam -
A sweepstakes operator agreed to a permanent ban from the prize promotion business pursuant to a settlement with the Federal Trade Commission after...more
10/27/2014
/ Advertising ,
Anti-SLAPP ,
Contests & Promotions ,
Fair Credit Reporting Act (FCRA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
First Amendment ,
Food and Drug Administration (FDA) ,
Football ,
Lanham Act ,
NCAA ,
POM Wonderful v Coca Cola ,
Scams ,
Social Media ,
Sweepstakes ,
Wine & Alcohol
SPECIAL FOCUS: The Impact of eBay on Lanham Act False Advertising Litigation -
A recent opinion by the United States Court of Appeals for the Third Circuit held that the Supreme Court’s landmark decision in eBay is...more
Online Reviews Not Sufficient To Support Ad Claim, NAD Rules -
While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more
7/14/2014
/ Advertising ,
Coca Cola ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Lanham Act ,
NAD ,
POM Wonderful ,
POM Wonderful v Coca Cola ,
Redskins ,
SCOTUS ,
Social Media
SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs -
On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...more
Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit -
An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more
3/14/2014
/ Advertising ,
Athletes ,
Breach Notification Rule ,
Celebrities ,
Commercial Speech ,
Data Protection ,
Food Labeling ,
Lanham Act ,
Neiman Marcus ,
Overstock.com ,
Target ,
Unfair or Deceptive Trade Practices
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
SPECIAL FOCUS: Exploring the Ony Decision and Its Impact on False Advertising Claims Involving Scientific Findings -
Last year, the Second Circuit issued an opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a...more