News & Analysis as of

Lanham Act Social Media

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

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The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Venable LLP

[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

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It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

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In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Smith Gambrell Russell

Models Obtain Default Judgment Against Club for Use of Their Photographs

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Jessica Hinton, et al., Plaintiffs, vs. Completely Innocent LLC, Defendant - United States District Court for the District of Arizona No. CV-21-01019-PHX-SPL - Opinion issued January 7, 2022 - Arizona Right of...more

BakerHostetler

AD-ttorneys@law – June 2020 #3

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Pablo Escobar Estate Sues Atlanta Restaurant - Eponymous eatery uses drug lord’s likeness to bump biz and sell swag - Strange Praise - You have to wonder about a restaurant that promises “tasteful ambience” but names itself...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

Proskauer - Advertising Law

Lanham Act Injunction Floored Where Social Media Criticisms Were Not “Commercial Advertising”

A judge in the Western District of Wisconsin recently denied a motion for a preliminary injunction that sought to prevent a customer from criticizing the plaintiff’s products over social media. Buckeye Int’l v. Schmidt Custom...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Caution: Olympic Marks Ahead Staying In-bounds with the U.S. Olympic Comittee

Beginning February 9th, the eyes of those interested in athletic endeavor and spectacle will turn to Pyeong Chang for the 2018 Winter Olympic Games. As a brand owner, it is tempting to get caught up in and exploit the...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2017 #3

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

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

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

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With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Pillsbury - Internet & Social Media Law Blog

Rolls-Royce & the Rapper: Social Media Activity Helps Decide a Trademark Tussle

We recently wrote about a musician who got into some trouble with a court by using social media to flaunt images of hundred dollar bills after he had filed for bankruptcy. Now, an Atlanta-based rapper known as Rolls Royce...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2014 #3

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

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2014

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

Morrison & Foerster LLP - Social Media

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Jan 31, 2013

In This Issue: California’s “Best Practices” for Mobile Apps Draw Criticism from Ad Groups; FTC Settles First FCRA Suit Involving Mobile Apps; Sony Settles Suit with Actor from PlayStation Ads; Court: Twitter Terms Not a...more

Sherman & Howard L.L.C.

Taking Control of Former Executive’s LinkedIn Account Found Permissible

In our January 2012 newsletter, we reported on Maremont v. Susan Fredman Design Group, Ltd., a case where a court recognized potential claims under the Lanham Act and/or the Stored Communications Act because an employer...more

FordHarrison

Noncompete News: Former Employee Can't Sue Employer Under Computer Fraud and Abuse Act Over The Ownership Of Employee's Social...

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Executive Summary: A District Court in Pennsylvania entered judgment in favor of the employer on a former employee's Computer Fraud and Abuse Act ("CFAA") claim in a dispute over the ownership of the employee's LinkedIn...more

Gray Reed

What rights do employers have over employees’ social media accounts in light of LinkedIn/CFAA ruling?

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Earlier this month, a federal judge ruled that when a company took over a departing employee’s LinkedIn account, the company did not violate the Computer Fraud and Abuse Act in the case of Eagle v. Edcomm....more

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