News & Analysis as of


Artist Sues Lollapalooza Over Advertising and Festival Merchandise

by Reed Smith on

Last month, Juan Marco filed a copyright infringement suit against Live Nation and the other promoters of the summer music festival, Lollapalooza. According to the complaint, Marco granted a limited license to the concert...more

Italian Supreme Court Upholds Class Action Ruling on Misleading Advertising

by Jones Day on

The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers' association. The Result: The Court upheld the consumer's class action claim...more

17 Reasons why UX can help you convert more leads on your website

by Adrian Dayton on

What is UX? To explain UX or User Experience Design, I am going to be using a car analogy....more

Online Merchant Cited for Inadequate Interest-Based Advertising Disclosures

by BakerHostetler on

Liftopia, an e-commerce platform that enables ski resorts to sell advance-purchase tickets online, was cited in a recent decision by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program...more

EU Competition Newsletter - March 2018

by Bryan Cave on

Early attention to the antitrust considerations of a given transaction can go a long way towards promoting the chances of timely or even early clearance of a transaction. As an initial matter, parties should focus their...more

When Monsters Exaggerate

by Kelley Drye & Warren LLP on

The Grim Reaper, a mummy, a mad scientist, and a werewolf are riding together on a train after work. No, that’s not the start of a joke, but it is the start of a funny commercial for Spectrum TV. The four characters talk...more

When Your Rebranding Gets “Stone”-Walled

Earlier this month, Stone Brewing Company (“SBC”), a craft brewery in Southern California, sued Molson Coors Brewing Company and MillerCoors LLC (together “MillerCoors”) for trademark infringement and related unfair...more

Life Sciences. Major Russian legal changes in the second half of 2017

by Dentons on

Major Russian legal changes - 1. The Russian government has introduced a risk-oriented approach for scheduled inspections in the healthcare industry - (RF Government Resolution No. 907 on Amendments to the Regulation on...more

OTA & Travel Distribution Update - SwayPay seeks to simplify payment processing and Hotel Bonanza hits the 10,000 mark in hotel...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending March 2, 2018 is below. Nothing too remarkable in this week’s Oscar-shortened Update....more

Memory Loss Supplement Maker Forgets Support for Ad Claims

The maker of memory loss supplements must remember to change its advertising following a review by the National Advertising Division....more

Antitrust Alert: French Competition Authority Concludes Online Advertising Sector Inquiry And Announces Possible Further Actions

by Jones Day on

The French Competition Authority ("FCA") has published the results of its sector-specific inquiry into display online advertising. The 125-page opinion of March 6, 2018, ("Opinion") identifies potential competition concerns...more

Higher penalties for therapeutic goods advertising offences

by Dentons on

General advertising offences are contained in section 42DL of the Therapeutic Goods Act 1989 (the TG Act). Previously, section 42DL stated it was an offence for a person to ‘publish’ or ‘broadcast’ an advertisement about...more

Creating Buzz Through Creative Brand Management

by Fox Rothschild LLP on

Today is International Women’s Day. As a way to celebrate, McDonald’s has flipped their iconic golden arches upside-down. The arches, one of the most recognizable logos, have been physically flipped in one California location...more

The FTC’s Quest for Better Influencer Disclosures

In the last few years, as advertising has followed consumers from legacy media such as television to online video and social media platforms, the Federal Trade Commission has been attempting to ensure that participants in...more

Deceptive Pricing Suit Survives Dismissal Motion

A deceptive pricing suit against Hobby Lobby will move forward after a California federal court judge denied the company’s motion to dismiss....more

Marijuana Marketing: The Do’s and Don’ts of Cannabis Advertising in California

by Wilson Elser on

The new cannabis market is bringing with it the traditional competitive pressures on businesses to establish brands they hope will dominate the expanding industry for years to come. Advertising and marketing that runs afoul...more

Importance Of Claim Substantiation

by Fox Rothschild LLP on

Failing to have adequate substantiation for advertising claims can land companies in hot water. Case in point: The Federal Trade Commission (“FTC”) recently announced that it had settled charges against a company and its CEO...more

Portland, Oregon – Future Olympic City?

by Tonkon Torp LLP on

Last month, Portland hosted the U.S. Synchronized Skating Championships. While not likely what comes to mind when thinking of major sporting events, it nonetheless drew a lot of visitors to the city, with an economic impact...more

Food & Beverage Litigation Update | March 2018

GMA Conference Panels Explore Trends in Class Actions, Organic Production - Litigation, increasing online grocery shopping and consumer concerns regarding product ingredients were hot topics at the 2018 Grocery...more


by BakerHostetler on

In This Issue: - Thelonious Monk Estate Hornin’ In on Right of Publicity Trial - FTC Continues Inexorable Diet-Supplement Crusade - Ken’s Foods Sued for Slippery Olive Oil Claims”...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. Employing a video shot of a person jogging on a public jogging path for a commercial sales-pitch video was found to establish the privacy tort of intrusion upon seclusion. Vanderveen v...more

Social Media Influencers And Infringement Concerns

by Fox Rothschild LLP on

If anyone was still unsure, Kylie Jenner recently proved that a tweet or post from a social media influencer can have a profound impact. Accordingly, companies are increasingly collaborating with social media influencers to...more

FRANCHISOR 101: Finger Lickin’ Restrictions

by Lewitt Hackman on

Franchise agreements give franchisors nearly absolute, unfettered discretion to control advertising of their brands. Franchisors need not regard prior course of dealings with franchisees. An Illinois federal court dismissed a...more

No More Baby Talk: Class Certification Denied in Gerber False Advertising Suit

The Northern District of California recently denied class certification to a plaintiff who alleged that Gerber Products misbranded nutritional claims about baby food products in violation of state and federal labeling laws....more

Food & Beverage Litigation Update | February 2018 #3

Chicago SSB Tax May Cause State to Lose Federal Funding, USDA Warns - According to a warning letter from the U.S. Department of Agriculture (USDA), the sugar-sweetened beverage (SSB) tax that took effect in the Chicago...more

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