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Plaintiff Rolls a Win in Ninth Circuit Gambling Opinion

A virtual game platform constituted illegal gambling under Washington law, the U.S. Court of Appeals, Ninth Circuit has ruled, finding that the casino’s virtual chips are a “thing of value.”...more

Blizzard Causes Storm of Lawsuits

In a battle over the term "Blizzard," Dairy Queen and W.B. Mason have filed competing lawsuits seeking control of the mark....more

Double Standard? Influencers Debate Disclosures

At a recent conference, social media influencers took aim at what they perceive to be a double standard in enforcement of the Federal Trade Commission’s (FTC) Endorsement Guides....more

Monster Beverage Scares Off Class Certification

The plaintiffs hit a snag in long-running litigation against Monster Beverage Corp. when a California federal court denied their motion to certify a class of nationwide consumers numbering in the hundreds of thousands....more

Seventh Circuit Punts Publicity Rights Dispute

The U.S. Court of Appeals for the Seventh Circuit recently turned to the Indiana Supreme Court for guidance on the issue of publicity rights in a case involving online fantasy sports games....more

Cryptocurrency Pays Price for Alleged Harm With Ad Ban

Already the target of state and federal regulators, cryptocurrency is now being phased out of online advertising and social media....more

Ninth Circuit Reviews Copyright Infringement Suit Over ‘Jumpman’ Logo

Nike won a challenge to its “Jumpman” logo when the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court dismissal of a copyright infringement suit brought by a photographer....more

FTC Makes Moves to Protect Senior Citizens

In an effort to protect older consumers, the Federal Trade Commission filed a pair of actions challenging sweepstakes and tech scams....more

Embedded Tweet May Constitute Copyright Infringement

In a decision making headlines, a New York federal court judge held that a tweet embedded in news stories may constitute copyright infringement....more

Court Finds No Weight Loss Promises in Product Labeling

Ruling that the plaintiff failed to present sufficient evidence that a dietary supplement promised weight loss, a California federal court judge threw out a putative class action against Vitamin Shoppe....more

Jury to Decide Whether Water Is a ‘Natural Element’

Is water a “natural element”? - A New York federal court judge elected to put the question to a jury in a false advertising lawsuit accusing Purex of deceiving consumers by prominently displaying the phrase “Natural...more

Ninth Circuit: Dolphin Crossing Not Copyright Protectable

An idea that is first found in nature cannot be the subject of copyright protection, the U.S. Court of Appeals, Ninth Circuit explained in a decision involving the depiction of two dolphins crossing underwater....more

COPPA, FTC Act Violations for Talent Agency

A talent agency was the target of the 30th Children’s Online Privacy Protection Act (COPPA) action by the Federal Trade Commission (FTC) based on allegations it failed to obtain parental consent before collecting personal...more

Fake Social Followers Yield Real Legal Concerns

Lawmakers asked for an inquiry into a company that allegedly sells fake social media followers after news broke that celebrities and public figures were making purchases to bulk up their followings....more

2/26/2018  /  Advertising , FTC , Social Media

IAB Seeks to Influence Marketers, Publishers With Influencer Guidance

Need help with influencer marketing? The Interactive Advertising Bureau has published a new guide that publishers and marketers can use to maximize their influencer marketing programs....more

Question Mark Leaves Court Questioning Defamation Claim

Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited...more

Supreme Court Rejects Spokeo Review

Once was enough, the U.S. Supreme Court signaled when it denied a writ of certiorari filed by Spokeo, Inc., seeking further clarification on Article III standing....more

CVS Puts Its Mark on Beauty Ads

Citing a link between advertisements and an unrealistic body image, CVS announced that the national pharmacy chain will no longer use touched-up images in advertisements for its beauty products....more

2/2/2018  /  Advertising , Pharmacies

ANA Seeks Modification of New York’s Publicity Rights Bill

The New York legislature is weighing a new bill that would expand the state’s publicity rights law—and the Association of National Advertisers (ANA) is pushing back....more

Starbucks’ Cup Overflows With Victory in Underfilled Cups Suit

A California federal court judge poured out what was left of a putative class action alleging Starbucks underfilled its latte and mocha beverages....more

FTC Finds COPPA Disconnect With VTech Connected Toys

In its first case involving connected toys, the Federal Trade Commission (FTC) announced a settlement with VTech Electronics over allegations that the company violated the Children’s Online Privacy Protection Act (COPPA)....more

Negative Review Charge Costs Hotel State Action

The Indiana attorney general has filed suit against a hotel that charged a married couple $350 after they shared a negative review of their experience....more

Berry Deceptive Claims, Dunkin’ Donuts Customer Claims

A plaintiff’s false advertising suit alleging he was deceived about the use of blueberries in Dunkin’ Donuts products will move forward after an Illinois federal court judge agreed that a reasonable consumer could have been...more

FTC Tests How Blurred the Ad Lines Are

Can consumers recognize an advertisement contained in search results or native advertising? In attempting to answer the question, the Federal Trade Commission shared research data in a new report....more

1/8/2018  /  Advertising , FTC , Native Advertising

Oh, the Places Copyright and Trademark Law Go!

In a case described by the judge as presenting an “important question regarding the emerging ‘mash-up’ culture,” a jury will consider the copyright and trademark claims raised by a Star Trek version of Dr. Seuss’s Oh, the...more

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