The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they...more
On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. The Regulation introduces significant...more
The Summer Olympic Games will begin on July 26, 2024 in Paris, France. The International Olympic Committee (IOC) and the United States Olympic & Paralympic Committee (USOPC) carefully protect Olympic trademarks and...more
Trademark owners often receive advice from counsel about registering their marks for core goods and services. And many times, that is all that budgets initially allow for....more
In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in...more
The Quebec Charter of the French Language (the “Charter”) was adopted nearly 50 years ago to protect the status of the French language in the province of Quebec. It includes many rules, several of them directed at the...more
40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more
With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National...more
On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (Draft Regulation) was published in the Gazette Officielle du Québec. The Draft Regulation was eagerly...more
October seems to be the inescapable Taylor Swift’s unofficial month of choice – 17 years after she released her self-titled first album in October 2006, the October 2023 news cycle is buzzing about her “Taylor Swift: The Eras...more
Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more
Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more
The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more
In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more
Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more
Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case, and one of only a few...more
There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found...more
Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more
Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...more
Over the past several years, companies across the globe have seen an increasing demand for green and sustainable products and services. This demand has resulted in the rise of “green branding”. Green branding is where a...more
The NCAA national men’s and women’s basketball tournaments will begin on March 12, 2023 and end with the national championships in early April. Broadcast stations often conduct promotions tied to these tournaments. The...more
Hosted by American Conference Institute, the FDA Boot Camp returns for its 40th iteration with the continued intent of providing the working knowledge of core essentials of FDA law and regulation, including the new amendments...more
As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more