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Trademarks › Federal Trade Commission (FTC) › Advertising

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
BakerHostetler

AD-ttorneys@law - January 2024

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Extra, Extra, Read All About It! We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging...more

BakerHostetler

AD-ttorneys@law - October 2023

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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

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

MarkIt to Market® - September 2023

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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

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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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

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

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

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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

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

MarkIt to Market® - July 2023

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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

BakerHostetler

AD-ttorneys@law - April 2023 #2

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Rapper 50 Cent Settles with Plastic Surgery Clinician - Claims clinic owner used snapshot to suggest ... something embarrassing - A Question You Wouldn’t Ask in Person - 50 Cent—rapper, TV producer, actor—once...more

BakerHostetler

AD-ttorneys@law - September 2022

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CSPI to FDA: Move to the Front! Watchdog barks at industry efforts to highlight nutrition facts - Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

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​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

BakerHostetler

AD-ttorneys@law - July 2022

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TINA Investigation Sours on HelloFresh - America’s #1 food-box provider is deploying dark patterns, says watchdog - See-Through? When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more

K&L Gates LLP

Recent Second Circuit 1-800 Contacts Decision Helps Brands See More Clearly How to Pay Less per Click

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Introduction - Have you ever searched for a brand’s name online only to find that the first link leads to a competitor’s or reseller’s website? This can be a major problem for direct-to-consumer manufacturers and brands....more

Faegre Drinker Biddle & Reath LLP

Ho, Ho, Ho … Hold On … Did Legal Approve That?

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The holidays are upon us — and so too are holiday advertising campaigns. With an unusual holiday season last year, many retailers are gearing up for what they hope to be a robust holiday season. Even with concerns over supply...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 7 - Fall 2021

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Letter From the Editor - As summer wanes and we begin a new academic year amidst ongoing uncertainty, we are reminded that the only constant is change. This issue of Kattison Avenue considers the latest changes in the...more

Katten Muchin Rosenman LLP

Second Circuit Puts the Focus on Search-Term Restrictions in 1-800 Contacts Decision - Kattison Avenue Fall 2021 | Issue 7

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Advertising on the Internet is big business. It can also be cutthroat. One way companies market their goods and services online is via “search advertising.” When an online shopper uses a search engine, the search engine’s...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Overturns FTC Ruling That Trademark Agreements Violated Section 5

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At a time when antitrust enforcers, federal legislators and courts are heavily focused on technology platforms and digital advertisers like Google and Facebook, on June 11, 2021, the Second Circuit vacated an administrative...more

BakerHostetler

Court of Appeals' Reversal of the FTC's 1-800 Contacts Decision Draws Internet Keyword Advertising Agreements into Focus for...

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Antitrust regulators around the globe are heavily scrutinizing online advertising platforms. That scrutiny extends to the activities of advertisers making use of those platforms. On June 11, 2021, the Second Circuit Court of...more

Kelley Drye & Warren LLP

Second Circuit Reverses the Commission and Orders Dismissal on 1-800-Contacts

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The Decision 1-800-Contacts is one of the largest sellers of contacts online. One of the principal ways consumers shop for contacts is through key word searches. In the past, certain 1-800-Contacts competitors purchased...more

Cozen O'Connor

2nd Circuit Appeals Court Upholds Trademark Settlements As Valid Under Antitrust Law

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The Second Circuit’s recent decision in 1-800 Contacts, Inc. v. FTC signals that trademark holders can aggressively enforce their rights and pursue settlements with competitors that are not “inherently suspect” under the...more

Mintz - Trademark & Copyright Viewpoints

Second Circuit Provides Clarity on “Inherently Suspect” Standard, Overturns FTC’s Ruling on 1-800 Contacts Trademark Agreements

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On June 11, 2021, the U.S. Court of Appeals for the Second Circuit dismissed the Federal Trade Commission’s (FTC) administrative order against 1-800 Contacts, Inc. The Second Circuit found that the online retailer’s trademark...more

Pillsbury - Internet & Social Media Law Blog

False Advertising, Trademark Infringement and TOS: Three Common Hashtagging Mistakes for Companies to Avoid

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When the first social media hashtag was used in 2007, users had no idea how ubiquitous hashtags would become. Today, hashtags are an essential part of our lives (and a subject we’ve been writing about for years). From...more

ArentFox Schiff

Safety Dance: Copyright and Advertising Guidance for Viral Dance Trends

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The rise of short-form content, and the platforms that host it, has brought with it a range of marketing and advertising opportunities for brands, artists, and companies alike. On the other hand, it has also led to a variety...more

BakerHostetler

AD-ttorneys@law – August 2020 #2

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I’m Counting, and I Can’t Add Up! Is medical alert systems manufacturer Life Alert fudging some deadly serious numbers? League of Legends - “I’ve fallen, and I can’t get up!” The genius who cooked up this line belongs in the...more

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

MarkIt to Market® - July 2020: Made in the USA: The Federal Trade Commission Proposes a New Rule to Protect U.S. Manufacturers and...

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On June 22, 2020, the Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking pertaining to “Made in USA” claims, which applies to labels and marketing that fraudulently asserts that products are made in the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l September 2019

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LEGISLATION, REGULATIONS & STANDARDS - FTC Issues Warning Letters to CBD Companies - The U.S. Federal Trade Commission has announced that it sent warning letters to three companies selling “oils, tinctures, capsules,...more

Sunstein LLP

January 2019 IP Update - Restricting Keyword Advertising Can be Anticompetitive, holds the FTC

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The contact lens juggernaut 1-800-Contacts has long been aggressive about curbing competitors’ use of “1-800-Contacts” as an online search keyword. On November 17, 2018, the Federal Trade Commission (FTC) held that fourteen...more

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